In my experience, discussions surrounding copyright
regulation have focused largely on the protection of content producers through
the prosecution of end-users, ignoring the periphery issue of copyright law
application to intermediaries. I was previously unaware of a carriage service
provider’s protection under a ‘safe haven scheme’ and was delighted to find
that unlike the majority of Australian legislation, a review is under way to
properly locate this policy in a digital world (Attorney-General’s Department
2011). A key issue in this review
will be whether or not internet service providers, or ISPs, fall under ‘safe
haven’ protection. After examining the Roadshow
Films Pty Ltd & Ors v iiNet Limited case (High Court of Australia 2012),
I believe a precedent has been rightfully set to remove an ISP’s responsibility
from the wrongdoing of its customers, and hope this influences revisions of
Australian copyright law.
Digitally prompted revisions to Australian copyright law
have not all been positive though, with the Australia-United States Free Trade
Agreement pressuring local replication of three incredibly contentious American
copyright laws (Moore 2005, pp.71). I take particular issue with the
criminalisation of circumventing digital rights management, or DRM. I have
personally had countless encounters with DRM in ways that have invariably
limited desired functionality, with the most frustrating being the inability to
use two legitimately purchased Apple products until I entered a long-forgotten
password. I now find myself not only circumventing, but actively avoiding DRM
in all forms because I morally object to the idea of having the ways I can
consume my content dictated to me, even if that means having to obtain said
content illegally until legal distribution catches up. Cases such as those
outlined by Martin (2013) demonstrate the over-zealous desperation of
governments, particularly the U.S., to exemplify cases of copyright
infringement through callous punishment and while I understand the need to
appease content creators, I believe this could be better achieved by focusing
on the creation of functional frameworks for legal content distribution.
References:
Attorney-General’s Department 2011, Revising the Scope of the Copyright ‘Safe Harbour Scheme’,
consultation paper, viewed 19 May 2014 <http://www.ag.gov.au/Consultations/Documents/Revising+the+Scope+of+the+Copyright+Safe+Harbour+Scheme.pdf>
High Court of Australia 2012, Roadshow Films Pty Ltd & Ors v iiNet Limited, judgement
summary, 20 April, viewed 19 May 2014, <http://www.hcourt.gov.au/assets/publications/judgment-summaries/2012/hcasum16_2012_04_20_iiNet.pdf>
Martin, P 2013, ‘Legal anvil hovers over the unwary tech
user’, Sydney Morning Herald, 23
January, viewed 19 May 2014, <http://www.smh.com.au/federal-politics/political-opinion/legal-anvil-hovers-over-the-unwary-tech-user-20130122-2d51x.html>
Moore, C 2005, ‘Creative Choices: Changes to Australian
Copyright Law and the Future of the Public Domain’, Media International Australia, no.114, pp.71-82