Pirate Congress 2012 Motions

Below are the proposed motions for the Pirate Congress 2012.

Motion 1
Motion: To amend the platform by replacing it with the presented revision.

Put by: Mozart Olbrycht-Palmer

Vote Yes/No

Motion 2
Motion: To add to the platform, under the section "transparency," the following:

"In accordance with current regulations, all members of parliament and senators must disclose all gifts and donations. The resulting data must be placed in a searchable database which is made accessible online to the general public. Candidates and political parties must disclose donations from entities that amount to greater than $1000. The Australian Electoral Commission will manifest the information in a searchable database, accessible online and at all AEC offices by the general public."

Put by: Mozart Olbrycht-Palmer

Vote Yes/No

Motion 3
Motion: To offer to host the 2014 Pirate Parties International General Assembly in Sydney.

Put by: Mozart Olbrycht-Palmer

Vote Yes/No

Motion 4
Motion: To add to the platform, after "No Digital Rights Management," the following section:

"Unrestricted Format Shifting

For the convenience of consumers, and to uphold the principle of "Equitable Access to Culture, Information and Knowledge," no restrictions should be placed on the following: in circumstances where no financial or commercial gain is derived, or for educational purposes."
 * Technological format-shifting, whether physical or digital;
 * Translation into another language; and
 * Adaptation for the blind, deaf or similarly impaired, including braille translation, transcription of speech, or creation of spoken books,

Put by: Brendan Molloy and Mozart Olbrycht-Palmer

Vote Yes/No

Motion 5
Motion: To add to the Draft Platform," the following section:

"Periodic return of copyright ownership to original creators.

The independent creators had long suffered at the hands of companies due to an oversupply of numerous ideas that outstrips demand. This had allowed limited distributors to cherry-pick and demand transfer of copyright ownership in exchange for minuscule payments as compensation touting the need to have a reputation. Pirate Party Australia wants to ensure creators enjoy the full benefits of copyright by returning the ownership back to creator after 1 (one) year.

After 1 (one) year, it is expected that creators will be able to command bigger cut as compensation for popular works and thus, inspire more creators to publicly deliver works due to the expectation of more appropriate and fair level of compensation from interested distributors. Otherwise, creators are discouraged from independent creation of works if it's believed that they will suffer perpetual loss of copyright ownership in exchange for a minuscule payment."

Put by: Joakal

Vote Yes/No

Motion 6
Motion: To add to the Draft Platform, after "Patent Reform," the following section:

"Non-Commercial Patent Infringement.

Pirate Party Australia believes decriminalisation of non-commercial patent infringement should be granted for the people. We are entering an era where creating tangible objects on demand in our very own home is becoming a reality. Therefore we need to strongly ensure the 'right to participation in cultural life and to enjoy the benefits of scientific progress and its applications' is upheld while not infringing on the commercial rights of patent holders [Article 27, Universal Declaration of Human Rights].

The ability to create tangible items on demand is manifesting itself in 3D printers that can print physical objects. This may, in the near future, allow for the ability to create toys, hats, pills, food, bones and even cars vastly more cheaper. There is also the possibility of self-replication such as the RepRap project. It's important to give explicit protection to the people against vexatious litigation or disproportionate enforcement that may, sometime in the future, attempt to restrict development of their patents for private, non-commercial use in the form of restricting materials, declaring or implying such printers as devices for patent infringement, and as a reason for stricter enforcement (Internet filter, crippling unenforceable fines), et al [Article 30, Universal Declaration of Human Rights].

An exception was granted for research and experimental purposes regarding non-commercial use under the Patents Act 1990. We believe it does not go far enough because individuals printing for their own personal use are still vulnerable to disproportionate enforcement and litigious responses that  equate commercial infringement with non-commercial infringement.

Currently this means relevant amendments are required to decriminalise non-commercial use of patents, and legislation must be enacted to prevent violations of the rights of the people." Put by: Joakal

Vote Yes/No

Motion 7
Motion: To add to the Draft Platform, after "Research," the following section:

"Accelerating 3D printer technology research

Pirate Party Australia wants government research into the use of 3D printers due to the great potential for people.

Due to Australia's abundant resources, isolation and increasing amount of companies moving manufacturing offshore; people are increasingly considering other options for speedier and cheaper options as part of globalisation. 3D Printers. 3D printers create tangible physical objects with the quality and quantity dependent on printer and materials. The technology is becoming increasingly cheaper with potential being realised everyday in medical, manufacturing, building, and even for hobbyists. We predict in the near future that there will be a demand for print-on-demand 3D printers to create art, cars, rare replacement parts, bones, etc. This can reduce dependence of some overseas imports, reduce most pollution to the 3D printer, allow new small manufacturing businesses to create custom products, and more.

A metaphor would be that 3D Printers are like computers in the last century; they are expensive and impractical in some aspects but over time have become a household and even a handheld device. It's acknowledged that there are some limitations to this metaphor but it mostly holds true that 3D Printer costs can only go down and the potential goes up.

The Pirate Party Australia hopes that due to government research, it would lead to much higher quality and cheaper 3D printers." Put by: Joakal

Vote Yes/No

Motion 8
Motion: To add to the Draft Platform, after "Education," the following section:

"Encouraging tangible object creativity with 3D printers.

Pirate Party Australia wants every school to have a 3D printer in order to foster creativity and invest in potential future jobs in industrial and personal use of 3D printers.

3D Printers create tangible physical objects with the quality and quantity dependent on printer and materials. The technology is becoming increasingly popular with the potential realised in industries and hobbyists. We predict in the near future that there will be a demand for print-on-demand 3D printers to create glasses, cars, musical instruments, bones, etc. Due to the demand, the young generation would have a huge benefit from being accustomed to creating tangible objects.

Some predicted job roles are; 3D Printer support, 3D Printer developer, 3D Printer designer.

Pirate Party Australia hopes that due to youth's knowledge and ability to create tangible objects, it would lead to more benefit to the population in cheaper costs, more businesses, more jobs and more self-sustaining economy." Put by: Joakal

Vote Yes/No

Motion 9
Motion: To add to the Draft Platform, the following section:

"Exception of intellectual property infringement within extradition treaties.

No person on Australian territory should be subject to extradition regarding intellectual property infringement for alleged acts committed on Australian territory or outside of the participatory countries. Already, other countries – notably the United States – have broad and overbearing intellectual property legislation, and it is inappropriate for extradition to occur when, compared to other crimes, intellectual property infringement is by no means a serious concern or threat to society due to lack of credible losses or distinct violation of human rights. There are also multiple (double) jeopardy issues, as foreign parties can go through not only the Australian legal system but also other foreign legal systems for similar and disproportionate crippling penalties. The current extradition process allowing extradition for intellectual property infringement harms altruistic enjoyment of culture, investor confidence and has further ramifications. To this end, we demand the Australian government to add this provision, and force all foreign parties to pursue alleged infringers within our own legal system."

Put by: Joakal

Vote Yes/No

Motion 10
Motion: To add to the Draft Platform the following section:

"Extradition Exceptions

No one shall be extradited from Australian territory unless there is reasonable grounds for suspicion that they have committed an act under another nation's jurisdiction that would be illegal under Australian Law. Foreign parties are free to prosecute Australian citizens for alleged acts committed on Australian territory, but only through the Australian legal system. This includes acts committed remotely, such as intellectual property infringement via the Internet, where the accused may not necessarily have set foot on foreign territory."

Put by: Joakal

Vote Yes/No

Motion 11
To place the platform amendments in Motion 9 and/or Motion 10 under a new category titled "Foreign Policy" in the Draft Platform if passed.

Motion 12
Motion: To add to the Draft Platform, the following section:

"Government-funded public domain torrent tracker.

A government-funded torrent host and tracker of public domain works, especially Australian public domain works would take advantage of the robust and ease of distribution technology. We feel that this scheme would;
 * Provide the public with the benefits of copyright lapses as with the original intent to give a temporary monopoly to foster creativity and innovation.
 * Prevent works of art from being lost by being an extensive decentralised repository of all Australian works.
 * Reduce dependency on intellectual property licences, potential infringement, etc, by giving researchers, educators and students a free, unconditional and authoritative source of works to copy, use and build upon."

Put by: Joakal

Vote Yes/No

Motion 13
Motion: To add to the Draft Platform, the following section:

"Crime doesn't pay, for everyone.

Pirate Party Australia believes people of high socio-economic statuses should be discouraged from risky criminal activity with a sliding income-based penalty system (Day-fines) to replace the fixed penalty units system that's biased towards those with a high amount of disposal income. Especially for dangerous behaviour. By equally deterring people from risky activities and opportunities over those with low socio-economic backgrounds, they would stand to equally comply with the law along with other productive members of society. Any such 'revenue' from fines would go towards ensuring everyone has full legal representation, especially those of low socio-economic backgrounds; allaying public's 'tall-poppy syndrome' and aggression towards those with high-income backgrounds in the justice system.

As well, those of lower socio-economic backgrounds would be punished with less disproportionate fixed fines that would have a more significant burden that makes them unlikely to be productive. It may in fact cause several net-negative economic issues as a result of prison terms for inability to pay fines that has domino effect of loss of employment. Thus, the day-fine would be more equitably fair yet would still act as a deterrent.

It's noted, that repeat offenders would still suffer more punishment that can lead to jail terms. Rich or poor."

Put by: Joakal

Vote Yes/No

Motion 14
To hold an extraordinary National Congress before December 1, 2012, primarily for the purposes of pre-selection of Candidates for Election to Federal Parliament, in line with the Party Constitution.

Put by: Mozart Olbrycht-Palmer

Vote Yes/No