Category: Copyright

Copyright law and reform, both commercial and non-commercial

Pirate Party takedown parody poster receives takedown request, is taken down

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This is an April Fool’s joke. 🙂

Pirate Party Australia has been handed a takedown request after the Party began issuing a poster design that parodies YouTube’s “this video is no longer available due to a copyright claim” notification. The Party has promptly ceased distribution and production of the poster, and begun to recall any that might still be at large.

This poster is no longer available due to a copyright claim. [PARODY]

“We were under the impression that parody and satire would be respected, but rather than fight this we decided to comply,” said Mozart Olbrycht-Palmer, Deputy Secretary of Pirate Party Australia. “This request is symptomatic of the absurdity of modern copyright maximalism. Time and time again copyright holders treat the public — which has generously allowed them to have these rights — with contempt. We must never forget that copyright is granted by law in the interests of society. When laws are abused or become inadequate, they need to be changed. Copyright should be no exception.”

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Trans-Pacific Partnership Agreement Contains ACTA-Like Provisions

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Stakeholders at a briefing held by the Department of Foreign Affairs and Trade (DFAT) last Friday were told that the upcoming regional agreement, Trans-Pacific Partnership Agreement (TPP), would contain some intellectual property provisions similar to the Anti-Counterfeiting Trade Agreement (ACTA).

ACTA was rejected by the European Union earlier this year, and the Joint Standing Committee on Treaties (JSCOT) has recommended against ratification until stringent criteria are met, including a cost-benefit analysis. Pirate Party Australia made multiple submissions to JSCOT regarding ACTA[1][2].

The TPP will contain an intellectual property chapter cobbled together from various other free trade agreements and treaties, including the Australia-United States Free Trade Agreement (AUSFTA), representatives of DFAT indicated when questioned. This is in direct contradiction to a 2010 recommendation by the Productivity Commission to seek to exclude intellectual property provisions from future bilateral and regional trade agreements (BRTAs), after AUSFTA introduced a net loss to the Australian economy[3].

“It is of great concern that we may see the reintroduction of ACTA-like provisions in the Trans-Pacific Partnership Agreement, which has been resoundly binned as a poorly formed agreement, starting with the EU rejecting it and continuing with JSCOT’s scathing review,” said Brendan Molloy, Secretary of Pirate Party Australia.

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Pirate Party Disappointed Canada and Mexico Joining TPP Negotiations

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Pirate Party Australia is disappointed that Canada and Mexico will formally join negotiations for the flawed Trans-Pacific Partnership Agreement (TPP) this week.

The Pirate Party has been very critical of the Agreement, particularly as there has been minimal engagement with the public – both in Australia and in the other negotiating nations – and only two draft chapters have been leaked.

“From these leaks, it is evident that at least some TPP negotiators are pushing for provisions that go beyond the Anti-Counterfeiting Trade Agreement (ACTA) that was rejected by the European Union earlier this year, and which is yet to be ratified in Australia,” said David W. Campbell, President of Pirate Party Australia. “While the Pirate Party movement internationally has been one of the key opponents to ACTA due to its overreaching copyright and patent enforcement provisions, what is worrying about the TPP is that it is being conducted in near absolute secrecy making it difficult for concerned groups to offer criticism. When drafting international agreements, the citizens of those nations involved have a right to consultation, which must include access to draft texts.”

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One Small Step Towards Innovation

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This opinion piece was co-authored by David Campbell (President) and Mozart Olbrycht-Palmer (Deputy Secretary).

Following the ABC’s announcement that they will be streaming timely content from the new series of Dr Who, I applaud the broadcaster for moving with public demand and technological advancements.

I am very pleased to see a publicly funded broadcaster moving with society rather than against it. The ABC has recognised the demand for global release dates to be brought closer together. If more broadcasters (and content rights holders) could recognise this demand and innovate within the marketplace, as the ABC has done, the issues of fans wanting content available in a timely fashion would no longer be a concern.

Instead of attacking fans with litigation, or lobbying governments to restrict our civil rights, we need to move with new technology and innovate within the global market. Old media broadcasters cannot afford to flounder or their place will be taken by new content suppliers who have adapted to the changing environment.

When fans of a television show can share high definition “pirate” recordings with the other side of the world within hours of the initial broadcast, Australian fans find it difficult to understand why it takes weeks, months or even years for a television show to reach our shores. In a globally connected society, where peer groups span the world, creating ubiquitous word-of-mouth demand and discussing popular content and culture, the lack of availability often results in infringement of the established copyright monopoly.

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