[plug] Re: Aussie DMCA is here now!

[Jeremy Malcolm]

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> > There are definite problems with the Digital Agenda Copyright
> > Bill, for example the fact that if you want the protection of the
> > circumvention exemption provisions then *you* have to prove that
> > you qualify.
> Are you serious? I had blindly assumed that
> innocent-til-proven-guilty was codified in our constitution -
> surely if they have room for a preamble, they could have slipped in
> some basic human rights somewhere, no? :)  

Heh.  That's what Malcolm Fraser's been saying.  We never had a bill
of rights in our constitution.  It always makes me laff to hear
Australians talking about their first amendment rights.

> > I never liked reversals of burdens of proof (and neither does the
> > High Court, for that matter).
> So you think there is some likelihood of it being overturned?

No, there are a lot of precedents for it in other legislation, and
where the wording is clear then judges can't do much about it (even
though they often don't like laws like that).

> I am in no way insinuating that you have ulterior motives in
> supporting "intelectual property" law, but I am curious as to how
> you see any benefit in such legislation for those other than IP
> lawyers and the corproate entities who can afford them. The
> fundamental assumptions on which most "intellectual property" laws
> were based are now thoroughly obselescent,  

Well I don't have any original insights into it, the traditional
justifications for the protection of intellectual property seem to be
basically sound - mainly that it provides incentives to innovate.  If
people who write, paint, compose or code for a living can't stop
other people from free-riding on their work, they might as well give
up writing, painting, composing or coding, and start laying bricks
instead.

On the other hand I agree that there is a lot of abuse of
intellectual property rights particularly in the areas of software
patents, copyright (despite popular belief there is no defence of
"fair use" in Australia) and trademarks (the etoys debacle).

Also I agree that there is a new paradigm emerging which is
superseding old notions of the value of proprietary information and
showing that much *more* value is created for *everyone* when the
information is free.  Open source is spearheading this revolution in
thinking, and lawyers are not even beginning to catch up with it
yet.*

For more thoughts along these lines catch Leon at a seminar that I am
organising for the WA Society for Computers and the Law Inc for
November 15 commencing 5:30 at the Sebel.

* Me excepted.

- -- 
Independent consulting solicitor* | _ .__ ._ _    |\/| _.| _ _ |._ _
and technology consultant.**    \_|(/_|(/_| | |\/ |  |(_||(_(_)|| | |
Personal site: http://malcolm.wattle.id.au     /   Finger for GPG key
* http://www.ilaw.com.au ** http://www.terminus.net.au jm at ilaw.com.au

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