[Linux-aus] Re: Software patents: Munich has put Linux project on hold!

pia at linux.org.au pia at linux.org.au
Fri Aug 6 13:02:02 UTC 2004

Hi AJ, 

Anthony Towns writes:
> Uh, no. The Digital Agenda Act's full title was "Copyright Amendment
> (Digital Agenda)" -- it affected copyright, not patents. It was introduced
> in the late '90s, passed in 2000, and came into effect in 2001.

:) In the same way that the DMCA  only deals with copyright? 

> See http://www.dcita.gov.au/Article/0,,0_1-2_1-4_15595,00.html for some
> real concerns related to the Digital Agenda issues.

Thanks for the link, the link also reinforces that the DAA dealt with more 
that just copyright. It dealt with anti-circumvention and other issues. I 
was under the belief that patents were addressed, but I could have been 
wrong, and will check that out more thoroughly. 

If anyone hasn't seen it yet "FTA No Threat to Australia's ICT Industry": 


>> The issue is that we have only just finished reviewing the DAA,
>> and are just learning from the issues, yet we are locking ourselves 
>> into a patents regime that we as a country, have no local access to change. 
> This is misleading and incorrect, and serves no purpose except as FUD.

I will check this out, but have read in several places (including from the 
Senate Enquiry ctte themselves) that the DAA review will assist in dealing 
with the AUSFTA. We still have lessons to learn from the DAA excerise, and 
further recommendations that needed implementation testing. Under the FTA we 
lose a great deal of control over these laws, and due to much of the 
specific text in the FTA it would be difficult to sideswipe most of the 
issues when implementing into actual legislation. I am not attempting to 
scare people, however being aware of the serious nature of the issues is 
important. I actually believe we need now more than ever to be active, 
developing, getting open source out there and having a positive impact. The 
fact that these laws are being tied into a foreign agreement scares me 
personally, especially when the agreement is with such a powerful country. 
If something tilts in their favour, what chance do we have of reversing it? 


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