Pirate Congress 2012 Motions

Below are the proposed motions for the Pirate Congress 2012.

Motion 1: Platform Revision 2012
Put by: Mozart Olbrycht-Palmer

Motion
To amend the platform by replacing it with the presented revision

Explanation
Can be found on the Draft Platform 2012 Revision talk page.

Motion 2: Disclosure of political donations
Put by: Mozart Olbrycht-Palmer

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

"Political donations

Representatives elected to all levels of government should disclose all gifts and donations. Candidates and political parties should also disclose all donations. The current system involves accessing PDFs that are often hand written from Government websites. These are not easily searchable, and with modern technology there is no reason why representatives should not input this information into a database immediately. Electoral Commissions should collate the information in a searchable database, accessible online and at all Electoral Commission offices by the general public."

Explanation
The current system involves accessing PDFs that are often hand written from Government websites. These are not easily searchable, and with modern technology there is no reason why representatives should not input this information into a database immediately. This makes it considerably easier for citizens to access information on gifts and donations, such as Village Roadshow's gift to Tony Abbot of a DVD package worth an undisclosed amount.

Motion 3: Offer to host 2014 PPI GA in Sydney
Put by: Mozart Olbrycht-Palmer

Motion
To offer to host the 2014 Pirate Parties International General Assembly in Sydney if motion "Withdrawal from PPI" fails.

Explanation
The last two General Assemblies have been a shambles from the perspective of many, particularly the non-European and remote delegates. While it is comparatively affordable and convenient for European delegates to meet regularly, that luxury does not exist for most of the non-European Pirate Parties, who must remotely participate at inconvenient hours and with a general lack of consideration. Pirate Party Australia has demonstrated, even with technical disadvantages, that good management of Conferences can yield successful results and an enjoyable experience. PPI is meant to foster relations between Parties and their members – currently it does not adequately achieve this. Strict bureaucratic conventions and disregard for remote delegates has frustrated many. If Australia were to host the 2014 General Assembly it would show the parties who must participate remotely how difficult it has been for us, and establish PPAU's voice as a provider of solutions within the movement.

Motion 4: Unrestricted Format Shifting
Put by: Brendan Molloy & Mozart Olbrycht-Palmer

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

"Unrestricted Format Shifting

Accessibility of content is recognised as being of great importance. However, those with impaired abilities to access content are often left behind.

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

This will not remove the ability for right's holders to capitalise on translations and other delivery methods, but closes the gap that exists between original content and accessible forms for those at a physical and/or linguistic disadvantage, and works in line with the no-DRM section of our platform.

Explanation
Accessibility of content is recognised as being of great importance. However, those with impaired abilities to access content are often left behind. This motion further establishes the principle of equitable access to culture, information and knowledge by removing limits that prevent access to the same content across an unlimited number of devices or mediums, languages and forms of communication. This does not remove the ability for right's holders to capitalise on translations and other delivery methods, but closes the gap that exists between original content and its accessible forms for those at a physical and/or linguistic disadvantage, and works in tandem with the no-DRM section.

Motion 5: Periodic return of copyright ownership to original creators
Put by: Joakal

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

"Periodic return of copyright ownership to original creators.

Pirate Party Australia wants to ensure creators enjoy the full benefits of copyright by having ownership return back to creator after 1 (one) year, within the period of the temporary protections afforded by copyright."

Explanation
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.

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.

More explanation can be found here.

Motion 6: Non-Commercial Patent Infringement
Put by: Joakal

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

"Non-Commercial Patent Infringement.

Pirate Party Australia supports decriminalisation of non-commercial patent infringement for non-commercial use."

Explanation
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.

More explanation can be found here.

Motion 7: Accelerating 3D Printer Technology Research
Put by: Joakal

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

"Accelerating 3D Printer Technology Research

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

Explanation
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.

More explanation on 3D Printer motions can be found here.

Motion 8: Encouraging Tangible Object Creativity with 3D Printers
Put by: Joakal

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."

Explanation
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."

More explanation on 3D Printer motions can be found here.

Motion 9: Exception of intellectual property infringement within extradition treaties
Put by: Joakal

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."

Explanation
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.

More explanation on extradition treaties can be found here.

Motion 10: Extradition Exception for Significant Local Actions
Put by: Joakal

Motion
To add to the Draft Platform the following section:

"Extradition Exception for Significant Local Actions

No one shall be extradited from Australian territory unless there is reasonable grounds for suspicion that they have significantly committed an act under another nation's jurisdiction that would be illegal under Australian Law."

Explanation
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. A prominent example is the Hew Raymond Griffiths case where the Australian had been extradited to USA despite never setting foot in USA for non serious crimes.

More explanation on extradition treaties can be found here.

Motion 11: Adding section "Foreign Policy"
Put by: Mozart Olbrycht-Palmer

Motion
To place the platform amendment motions "Exception of intellectual property infringement within extradition treaties" and "Extradition Exception for Significant Local Actions" under a new category titled "Foreign Policy" in the Draft Platform if passed.

Explanation
These seem to fit more appropriately into a "Foreign Policy" section of the platform, which could be expanded in future as we appear to be moving into that area.

Motion 12: Government-funded public domain torrent tracker
Put by: Joakal

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."

Explanation
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.
 * Stop misconceptions about bit torrent as an evil/hacker/piracy tool.

Motion 13: Scaling penalty system
Put by: Joakal

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

"Scaling penalty system

Pirate Party Australia supports a sliding income-based penalty system (Day-fines) to replace the fixed penalty units system."

Explanation
It is believed that 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.

More explanation can be found here.

Motion 14: Extraordinary National Congress
Put by: Mozart Olbrycht-Palmer

Motion
To hold an extraordinary National Congress before January 1, 2013, primarily for the purposes of pre-selection of Candidates for Election to Federal Parliament, in line with the Party Constitution.

Explanation
There is likely to be a federal election at the end of 2013. It would be appropriate to have a National Congress before January 1, 2013, to determine our candidates for these elections, as any later would be cutting things a bit fine. This provides about 9 or 10 months before the elections.

Motion 15: Artistic Quotation Rights
Put by: Mozart Olbrycht-Palmer

Motion
To add to the platform, under "Free Culture and Copyright Reform," the following:

"Artistic quotation rights:

Today’s ever more restrictive copyright legislation and practice is a major obstacle to musicians, film makers, and other artists who want to create new works by reusing parts of existing works. We want to change this by introducing clear exceptions to allow remixes and parodies, as well as quotation rights for sound and audiovisual material (including musical compositions and theatrical scripts) modelled after the quotation rights that already exist for text.

(Adapted from | Greens/EFA position paper: "Creation and Copyright in the Digital Era, 2011")

Explanation
Appropriation and sampling of previous artists works has always been a force that drives culture. From folk to hip-hop, art house to Disney, the reuse of previous cultural works has been widely accepted. However, the licensing procedure for using these works is needlessly complex. This motion aims to provide all artists with quotation rights, bringing the practice into line with text.

Motion 16: Support for Fibre-to-the-Home Infrastructure Projects
Put by: Brendan Molloy

Motion is not in final form -- still being developed.

Motion
Add to the Draft Platform the following section:

"Support for Fibre-to-the-Home Infrastructure Projects

The current copper network is not sufficient to meet the requirements of a growing digital economy. A fibre-to-the-home infrastructure project that connects the majority of Australians to a fibre network is fundamental to the creation of a vibrant digital economy in Australia."

Explanation
The current copper network in Australia was installed over 50 years ago and is reaching its end of life. A Fibre-to-the-Home network is the most economically viable and technologically future proofed solution. It will replace the existing copper infrastructure and will be capable of delivering voice, data and multimedia services over a single cable. Fibre based communication systems can be upgraded with minimal cost and are immune to many of the flaws which affect traditional copper based networks.

Alternate proposals for 4G LTE cellular networks to provide internet access to households are not economically or technically feasible. It does not concurrently solve the need for significant investment to replace existing (copper) infrastructure, nor does it provide a level of service which equals or exceeds that currently available. Wireless based systems are extremely costly to upgrade and attainable speeds are largely dependent upon local atmospheric conditions and population density.

Motion 17: Voting Method
Put by: Brendan Molloy

Motion
Amend Article 8, section "Election", paragraph 5 ("The method for voting by Members at the National Congress will be optional preferential voting.") to:


 * OPTION 1: (No change)
 * OPTION 2: The method for voting by Members at the National Congress will be optional Schulze method preferential voting.
 * OPTION 3: The method for voting by Members at the National Congress will be optional preferential voting, with the method determined by motion at the National Congress.

Explanation
In previous years, we have always used Schulze method for our preferential voting even though currently the Constitution is vague on which specific method to use for counting the ballots. The motion will therefore hopefully resolve the ambiguity by specifying which method to use, or requiring a motion each Congress to determine the method.

I believe Option 2 is preferable as the National Council is tasked with ensuring the electoral systems are prepared in time for congress, and to determine the voting system at the Congress limits the potential options in some ways.

Motion 18: Mandatory Privacy Breach Disclosure and Legislative Protection
Put by: Brendan Molloy

Motion is not in final form -- still being developed.

Add to the Draft Platform the following section:

Something along the lines of if you lose my data that you were meant to keep secure, you're in trouble. There should be an audit, a report into security mechanisms and a fine handed down for unreasonable and insane breaches.

Motion 19: Constitutional Amendment: Pre-selection of Candidates for Federal Election
Put By: Simon Frew

Motion to Amend Article 5 of the Constitution, under the heading Pre-selection of candidates for Federal Election to add:

6. All members wishing to run as candidates for Pirate Party Australia must sign a declaration stating:

I hereby pledge to advance and adhere to the platform and ideals of Pirate Party Australia, both during the election campaign and upon election to parliament.

Explanation
The aim of this motion is to ensure any elected candidates of Pirate Party Australia will represent our politics and adhere to our platform whilst serving in parliament.

Motion 20: Withdrawal from PPI
Put by: Mozart Olbrycht-Palmer

Motion
That Pirate Party Australia withdraw from Pirate Parties International, unless there is significant improvement at the next meeting of the General Assembly.

Explanation
Please see the "2012 Congress Statement on PPI" here.