[Linux-aus] fwd: [Fwd: [Osia-discuss] Copyright Amendment (Technological Protection Measures) Bill 2006: Available For Comment]

[Peter Miller]

In addition to our concerns that "there is no circumvention without
copyright infringement", two other things immediately spring to mind
when I read the proposed Act:

1. There are words to the effect that a region coding device is not a
TPM, yay.  But there are no words to say that if a device is effectively
for the purpose of subverting the Doctrine of First Sale, it is not a
TPM, an there needs to be.

I.e. if the consumer is supplied with a time limited "key" for the
"lock", and must pay a fee to obtain another time-limited key
(effectively turning a copyright sale into a copyright rent), then it
should not be a TPM within the Act, and circumventing it should not be
an offence.

Think of this as "time coding" not being protected, just as "region
coding" is not to be protected.

2. The proposed Act fails the public library test.  When a library's
client reads/accesses/displays a work, it is not currently a copyright
infringement.  While the proposed Act provides some exceptions for
libraries themselves, it provides no exceptions for library *clients*.
That is, if a library asks a publisher "please give us a key that all of
our clients may use without further cost (to us or to them)" and the
publisher refuses, it should then be a allowed that the library tell its
clients how to access the work (how to circumvent the TPM) and the
clients should be allowed to access the work (that is, allowed to
circumvent the TPM).

-- 
Regards
Peter Miller <millerp at canb.auug.org.au>
/\/\*        http://www.canb.auug.org.au/~millerp/

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