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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