This past week has been a huge week for copyright, in Australia and internationally. Domestically, late Friday afternoon saw the release of both the finalised terms of reference for the ALRC’s inquiry into copyright exceptions, and the Attorney General’s review of TPMs.
Yesterday the Australian Joint Standing Committee on Treaties (JSCOT) presented Parliament with a damning report into Australia’s negotiation of the Anti-Counterfeiting Trade Agreement (ACTA). The Committee, comprising members from both houses of Parliament, was unanimous in recommending against Australia’s ratification of ACTA (for now).
In an intriguing follow-up to last year’s leaking of the draft TPPA intellectual property chapter, last week the negotiating text of the controversial TPPA investment chapter was leaked to the public by Public Citizen’s Global Trade Watch. The leaked provisions require states party to the agreement to provide a wide range of privileges to overseas investors. These include;
Two weeks ago, on 11th May, the District Court for the Northern district of Georgia handed down its decision on the Georgia State University’s (GSU) e-reserve system. The last two weeks have been very busy for the ADA so we haven’t had a lot of space to look at the decision. Anne Flahvin from Policy Australia, however, gave us an excellent run-down of the case and I thought that the insights the decision provides on the US doctrine of fair use and the way this doctrine can be used by libraries would be interesting to our readers.
A couple of years ago, struggling to keep up with university assessment deadlines, I discovered Google Books. I discovered Google Books because the one copy of the book that I, and 150 other students studying nationalism in Europe, needed to finish our essays by the end of the week had been borrowed by one of those mystically organised students months earlier before the beginning of the course. I discovered Google Books, when, turning in desperation to the National Library’s holdings, I found that the copies of the book held at the NLA were already reserved.
Last week the Full Federal Court (FFC) held that Optus’ TV Now service, which enabled consumers to record free-to-air TV to the cloud for playback on their personal devices, infringed copyright.
In doing so, it distinguished the cloud-based ‘TV Now’ service from VCRs and other personal video recorders (PVRs) in a manner that must have blown a chill wind through the offices of other cloud-based service providers in Australia.
In the aftermath of the iiNet case, as we wait to see whether content industries will pursue a legislative response, we thought it would be worthwhile to look at some examples of graduated response schemes (also known as ‘three-strike policies’), one of the proposed methods of dealing with unauthorised file sharing.
While Canberra residents recovered from the reverberations of a minor earthquake this morning, the High Court set off tremors of their own in unanimously finding that internet service provider, iiNet had not authorised the copyright infringements of their users.