[Linux-aus] FTA Guide Out

Anthony Towns aj at azure.humbug.org.au
Tue Mar 9 12:52:01 UTC 2004

On Tue, Mar 09, 2004 at 03:32:12PM +1100, Rusty Russell wrote:
> On Tue, 2004-03-09 at 02:09, Anthony Towns wrote:
> > The Agreement also provides for
> >   a review mechanism.   The review mechanism will allow the Government
> >   to make or introduce new exceptions in addition to those specifically
> >   provided for in the Article. 
> Can you find this in the agreement?

Yes, this is the "four year" thing:

Page 17-9:

	(e) Each Party shall confine exceptions to any provisions
	implementing subparagraph 7(a) to the following activities,
	which shall be applied to relevant provisions in accordance with
	subparagraph (f):


(continued on page 17-10:)

		(viii) non-infringing uses of a work, performance or
		phonogram in a particular class of works, performances
		or phonograms, when an actual or likely adverse impact
		on those non-infringing uses is credibly demonstrated
		in a legislative or administrative review or proceeding;
		provided that any such review or proceeding is conducted
		at least once every four years from the date of conclusion
		of such review or proceeding.

Translating to English:

	"exceptions to the total outlawing of circumvention devices
	 shall be limited to (among certain other things) non-infringing
	 uses of a work provided for by frequent government review,
	 when an actual/likely adverse affect on banning that activity
	 is shown"

I think. IANAL.

I think "non-infringing" means they can't say "it's okay to use
circumvention devices for piracy" but they can say "it's okay to use
circumvention devices for accessing these works". Whether "use" can be
changed to "trade in" is another matter; but I think it could be.


Anthony Towns <aj at humbug.org.au> <http://azure.humbug.org.au/~aj/>
I don't speak for anyone save myself. GPG signed mail preferred.

             Linux.conf.au 2004 -- Because we could.
           http://conf.linux.org.au/ -- Jan 12-17, 2004
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