Pirate Party Australia urges the Gillard Government not to consider any amendments to copyright law, following yesterday’s push by the heads of Australia’s biggest sporting codes for changes to the laws. The push for amendments comes little more than a week after Federal Court Justice Steven Rares ruled that Optus’ TV Now service – which allows users to record and playback free-to-air television with as little as a two minute delay – did not infringe copyright[1].

Pirate Party Australia supports the decision that the service provided is merely a progression from the ability to record television for viewing at a more convenient time.

“Optus simply offers a cloud recording service,” affirmed Brendan Molloy, Secretary for Pirate Party Australia. “Since the introduction of the video cassette recorder people have been taping live television and watching it later. There is no difference between TV Now and a VCR, apart from a platform shift and increased convenience for the consumer. The service does not magically remove advertising from the broadcasts. Those pushing for these changes to our laws are complaining because the correct application of the law hasn’t ruled in their favour, and I commend Justice Rares for upholding consumer’s rights as enshrined in the Copyright Act.”

“Applying a ‘quick fix’ to a law that isn’t broken is ridiculous. We need more exemptions, not less. While the amendment would not affect taping from television, it would prevent consumers accessing technologies which allow them to do a similar process much more conveniently,” he continued.

Telstra have an exclusive internet distribution deal regarding broadcasting of AFL and NRL[2].

“Should television broadcasters sue manufacturers of hard disk recorders?” asked Mozart Palmer, Pirate Party spokesperson. “TV Now is not – and it must be firmly understood – a broadcaster or distributor. It is a method of recording free-to-air television. Its convenience and compatability is worrying to those opposing it because it lessens their control on how and when people can consume media. Optus is a problem for them because the innovation of TV Now trumps their obsolete business models.”

Pirate Party Australia would also like to draw attention to the fact that the current Attorney-General, Nicola Roxon, has commissioned an inquiry by the Australian Law Reform Commission[3], and it would be inappropriate for any changes to be made before the ALRC had submitted their findings.

Pirate Party Australia will be making a submission to the ALRC Copyright Review pending the release of the Terms of Reference some time around March-April.

[1] http://www.naroomanewsonline.com.au/news/national/national/general/digital-copyright-law-under-review-after-optus-court-win/2447527.aspx?storypage=1
[2] http://www.theaustralian.com.au/australian-it/optus-tvnow-copyright-verdict/story-e6frgakx-1226259568206
[3] http://www.smh.com.au/opinion/political-news/digital-copyright-law-under-review-after-optus-court-win-20120207-1r5bn.html