Copyright – Page 9 of 18 – Pirate Party Australia

Liberal Party ‘copyfraud’ a salient reminder of copyright as censorship

Posted on August 8, 2013

As the major parties descend into an ever increasingly infantile debate, Fairfax reporter Judith Ireland reports that copyright law is being engaged as a tool to suppress parody videos on YouTube in the Australian election campaign[1]. While this may appear trivial, it illustrates a larger, more serious issue.

“It’s an alarming development, however not surprising, that copyright is now being used as a tool for censorship in Australian politics. This is a perfect example of how copyright can be utilised to undermine free speech. While the subject here may be a relatively childish parody, if such abuse of copyright law were to become normalised it could impede legitimate political discourse and speech during a time-sensitive election campaign,” said Simon Frew, President of Pirate Party Australia.

Unfortunately it is very easy to use copyright as a censorship tool as the onus of proof is on the person being targeted with a takedown notice. In issues where time is of the essence, a takedown notice can be used to silence an opponent and by the time they have appealed and had their material reinstated, the opportunity to get a message heard can be missed. According to Google over one third of takedown notices are not valid copyright claims[2] and examples of the Digital Millennium Copyright Act (DMCA) being used for censorship are broad and many, be it doctors using it to silence negative reviews[3], businesses silencing competitors[4], through to it being used to remove video footage of war crimes[5].

“There are many issues with copyright and this is a clear illustration of one of them. The Pirate Party provides the most comprehensive intellectual property rights reform platform[6] of all parties in this election, and with the copyright monopoly threatening to step up the campaign after the election[7], those that value free culture, information and knowledge and reasonable intellectual property rights should consider a vote for the Pirate Party as insurance against draconian reforms proposed by industry bodies,” concluded Mr. Frew.

Pirate Party Supports Greens Fair Go for Fair Use Bill

Posted on June 27, 2013

Pirate Party Australia welcomes the introduction of the Copyright Legislation Amendment (Fair Go for Fair Use) Bill by Senator Scott Ludlam today[1].

Among the provisions is the introduction of fair use: a flexible, open-ended exemption in the Copyright Act to support innovation, reflect consumer expectations, and promote fair access to archives. The technology-neutral approach would not rely on Parliament passing specific exceptions each time a new technology is introduced. Pirate Party Australia supported such a provision in its submission[2] to the Australian Law Reform Commission’s “Copyright and the Digital Economy” issues paper[3].

“The Pirate Party has always been an ardent supporter of fair use, and this Bill is a great start to true copyright reform in Australia. We thank Senator Ludlam for tabling such an important Bill,” said Brendan Molloy, lead Senate candidate in NSW for the Pirate Party.

“If we want copyright law to be respected, we need respectable copyright law, and this Bill is absolutely a step in the right direction. We look forward to further reform in this area upon the conclusion of the ALRC Copyright and the Digital Economy inquiry.”

Law Firm Attempts New Round of Shakedowns

Posted on May 24, 2013

Pirate Party Australia condemns news that Sydney law firm Marque Lawyers have demanded the details of Australian Internet users from Internet Service Providers (ISPs). Thankfully, ISPs have resisted the move and Marque Lawyers have indicated a desire to use the courts to pursue suspected downloaders, starting with preliminary discovery orders. This sort of approach is reminiscent of US-style copyright shakedowns.[1]

The iiNet ruling, while protecting ISPs from liability for the activities of customers, opened the way for this sort of predatory suit which had thus far not yet materialised in Australia, as groups like AFACT had been attempting to negotiate a deal with ISPs to deal with file sharing, which ultimately failed.

“Ambulance-chasing legal action does nothing to support content creators, who are the reason we have copyright. This kind of extortionate behaviour only benefits the commission based pay packets of opportunistic Lionel Hutz-like lawyers. It’s nothing more than an exercise in intimidation through litigation.” said Joe Miles, Pirate Party Candidate for the Senate in Victoria.

Pirate Party Australia opposes litigation of non-commercial file sharers. it is high time that sections of the content industry move with the times. Platforms like Steam, iTunes and the Amazon Kindle Store show how there is a thirst for legal, paid content when it is provided in a way that is convenient and timely.

Communications Minister and Shadow Minister Battle For Piracy Credibility

Posted on April 10, 2013

“Pirate Party Australia is delighted to see the Communications Minister, Stephen Conroy and Shadow Communications Minister Malcolm Turnbull embrace the Pirate ethos yesterday with both openly defying copyright laws more boldly than we could hope for,” said Pirate Party Deputy President, Simon Frew. “We try to change copyright policy by campaigning for changes in the law and running candidates for Parliament, while they have both decided to openly defy the law and breach copyright on social media platforms.”

Malcolm Turnbull posted a clip of the Coalition NBN launch from ABC News24 on his YouTube page today[1] and Stephen Conroy opened his Twitter account using a Dalek as his avatar.[2] The use of a Dalek by Senator Conroy is a minor breach and most likely of no concern to the BBC who aren’t known for suing fans over minor infringements of copyright. The news clip posted by Malcolm Turnbull is a larger breach of copyright: when users post clips of sports broadcasts or news segments, broadcasters often issue take-down notices to enforce their right.

“Perhaps it is an attempt to chase the file-sharer vote,” Mr Frew continued. “Taking statistics from anti-piracy groups, approximately a quarter of Australian Internet users engage in illegal fiesharing.[3] While we view these reports with a healthy degree of skepticism, perhaps both major parties have decided to stop treating Internet users like criminals and have started to chase the ‘pirate vote’. Maybe they’re concerned about the possibility of Pirate Party Australia’s election campaign being successful.”

April Fools joke reveals absurdity of copyright laws, says Pirate Party

Posted on April 2, 2013

With many people believing Pirate Party Australia’s April Fools gag was genuine, the issue highlights the fact that it is becoming increasingly impossible to distinguish real instances of overzealous copyright holders’ claims from parodies of their behaviour.

The Party released a statement claiming that it had received a takedown request in regard to a poster that parodied YouTube’s notice that a video had been removed due to a copyright claim[1]. Although this was an obvious joke to those who created it, the Party was surprised when people mistook the fictitious claim as genuine.

“The resulting enquiries regarding whether or not this actually happened amazed us because we thought the idea was too far fetched to be believable,” said Mozart Olbrycht-Palmer, Deputy Secretary of Pirate Party Australia. “Rather than poking fun by parodying copyright maximalists, it appears we came frighteningly close to the truth.”