Dan Warne06 September 2006, 8:53 AM
Console mod-chip installers will be wiped out and bloggers banned from discussing methods of breaking copy protection under tough laws to be introduced by the Australian government.
UPDATE | Minter Ellison has clarified that users of mod-chips will not be subject to fines unless there is a commercial intent associated with the use of the mod-chip. Personal use will be prohibited, but there would be no criminal penalties. Copyright owners would have to sue the user for damages.
There may be some reader confusion about what the definition of 'mod-chip' is. The law is targeted at mod-chips (or other software/hardware) that disables copy protection, not ones that get around region coding. The latter type are allowed to be used.
There will be no ban on journalists/bloggers writing about mod chips -- the term 'communication' in the bill does not refer to speaking, writing or communicating about mod-chips. What it means in a legal sense is making copy circumvention mechanisms available online or electronically transmitting them.
ORIGINAL ARTICLE
The Australian government will introduce fines of up to $6,600 for using modchips and up to $60,500 or five years' jail for installing them, law firm Minter Ellison has warned.Although the law is as yet untested in court, journalists and bloggers also face fines and jail time for writing about mod-chips or other methods of breaking copy protection systems.
The law covers 'distribution, offering, provision and communication' and it no longer has to be 'in the course of trade'.
The changes, which come into effect from 1 January 2007, are being introduced as part of Australian's obligations under the US-Australia fair trade agreement.
However, despite the tough fines which will almost certainly wipe out backyard and swapmeet mod-chip installers in Australia, there are some positive concessions to fair use and competition in the marketplace.
Region coding is now no longer considered a protected "technological prevention measure". This is clearly a nod to the ACCC, which has long argued that it inhibits free competition in the Australian marketplace.
There will also be quite a number of exceptions in various circumstances, including software interoperability, encryption research, computer security testing, online privacy, law enforcement and national security, libraries and archives, review of material for news purposes and others.
Minter Ellison has produced a report that summarises the exemptions.
The government is also considering exemptions for backing up software, correcting errors in software, making copies of works for broadcast and making copies for criticism, review and news reporting by broadcasters.
People have until 25th September to make further submissions to the House of Representatives Standing Committee on Legal and Constitutional Affairs (LACA) about any further legitimate exemptions that should be considered before the legislation is brought into force.
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