IP: AU IP Lawyers comment on Australian government statement on email-forwarding flap

[David Farber <dave@farber.net>]

>From: "Hunter, Dan" <hunterd@wharton.upenn.edu>
>To: "'David Farber'" <dave@farber.net>
>Subject: Australian government statement on email-forwarding flap
>Date: Tue, 6 Mar 2001 08:41:16 -0500
>
>Dave:
>
>Feel free to share this.
>
>Dan
>---------------------
>
>As an Australian, and an IP lawyer, I am qualified to comment on the 
>article.  It's garbage, and it's stupid garbage.  The Australian Act 
>doesn't say this, and won't be interpreted like this.  The Act is broadly 
>consistent with the US DMCA, which itself stems out of the WIPO 
>Treaty.  Each of these Acts|Treaties were intended to "update" copyright 
>law, to bring it into the digital age.
>
>I agree that the anti-circumvention provisions in each Act are 
>problematic, though not nearly as serious as everyone on this list would 
>think (and not nearly as serious as the EFF would make out).
>
>Oh, and as for the idea that "Australians don't have First Amendment 
>rights", can I just say that this may be true, but guess what? In relation 
>to the DMCA anticircumvention neither do US citizens.  Or have we all not 
>been following Emmanuel Goldstein's slight problems?
>
>Dan.
>
>_________________________________________________
>Dr Dan Hunter
>The Wharton School
>University of Pennsylvania
>_________________________________________________
>
>
> > -----Original Message-----
> > From: David Farber [mailto:dave@farber.net]
> > Sent: Monday, March 05, 2001 5:39 PM
> > To: Hunter, Dan
> > Subject: Fwd: [E-PRV] FC: Australian government statement on
> > email-forwarding flap (fwd)
> >
> >
> >
> > >X-Authentication-Warning: va.eff.org: mdomo-sy set sender to
> > >owner-eff-priv@eff.org using -f
> > >Date: Mon, 5 Mar 2001 12:57:37 -0800 (PST)
> > >From: Henry Schwan <owlswan@va.eff.org>
> > >To: eff-ip@va.eff.org, eff-privacy@va.eff.org
> > >Subject: [E-PRV] FC: Australian government statement on
> > email-forwarding
> > >flap (fwd)
> > >Sender: owner-eff-priv@eff.org
> > >Reply-To: eff-priv@eff.org
> > >
> > >Best wishes,
> > >Henry Schwan
> > >owlswan@eff.org
> > >
> > >From: Declan McCullagh <declan@well.com>
> > >
> > >**********
> > >
> > >From: "Chalmers, Rachel" <Rachel.Chalmers@the451.com>
> > >To: "'declan@well.com'" <declan@well.com>
> > >Subject: RE: Forwarding email without permission now illegal
> > in Australia
> > >Date: Mon, 5 Mar 2001 09:38:36 -0800
> > >
> > >Declan,
> > >
> > >The Australian Attorney-General has already responded to the
> > >email-forwarding beatup:
> > >
> > >"Contrary to alarmist media reports, sharing e-mail is not
> > banned by law.
> > >Amendments to the Copyright Act that came into effect today
> > do not outlaw
> > >the practice of forwarding personal e-mails to other people.
> > That would be
> > >ridiculous."
> > >
> > >http://www.law.gov.au/aghome/agnews/2001newsag/931_01.htm
> > >
> > >
> > >What he doesn't say is that the Digital Agenda Act contains the same
> > >prohibition on copy protection circumvention as the DMCA - and that
> > >Australians don't have a free speech defence.
> > >
> > >Rachel Chalmers, the451
> >



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