Dear Senator,
I refer to Copyright Amendment Bill 2006
debate this week.
I support the call by Alan Fels and Fred Brenchley on
today's Australian Financial Review editorial page: "proceed with the necessary
changes on technology locks for the USFTA - but ensuring their use only to
protect copyright - while delaying the new penalty and limited exception
provisions for further review".
This approach - leaving out all but
more-limited Technological Protection Measures (TPM) provisions - makes the
minimum necessary amendments, while responding to diverse calls from industry,
consumer, academic and legal commentators to avoid the unfair, confusing and
unenforceable aspects of the rest of the proposed changes.
The current
proposals understandably raise alarm among ordinary Australian families and
kids. And by failing to deliver on the promise of harmonisation with consumer-
and innovator-friendly aspects of US law, they weaken claims the US Free Trade
Agreement offers any benefits for Australians. They would also arguably create
unnecessary impediments for new Australian innovation and high tech business,
such that any Australian "next Google" or "next MySpace" online business may be
well advised to go offshore.
As Fels & Brenchley conclude, "complying
with [intangible copyright] in the digital age with its host of new technologies
will require widespread acceptance. Draconian personal fines and laughable
restrictions are not the way to achieve it."
Copyright law certainly
needs updating to deal with digital challenges and opportunities - but the
current Bill won't improve acceptance, or resolve anomalies in a
sustainable way. While some lawyers may look forward with anticipation to the
new uncertainties being created, few others will thank you if this opportunity
to deal carefully with the issues is hijacked by the Christmas
rush.
Yours sincerely,
David Vaile
Executive
Director
Cyberspace Law and Policy Centre
Law Faculty
UNSW NSW
2052
Cc: Alan Fels, Gordon Renouf (CHOICE), Peter Coroneos
(IIA)
T: +61 (0)2 9385 3589
F: +61 (0)2 9385 1778
M: +61 (0)414 731
249
E: d.vaile [at] unsw.edu.au
W: http://www.cyberlawcentre.org/
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