April 2011

The Australian government’s Convergence Review Committee has released a Framing Paper and invited public submissions on what principles should guide the review over the next year.

The principles currently proposed span across broadcasting, telecommunications, and radiocommunication issues (although the bias is towards broadcasting content issues):

1. Australians should have access to a diversity of voices, views and information.
2. The communications and media market should be innovative and competitive, while still ensuring outcomes in the interest of the Australian public.
3. Australians should have access to Australian content that reflects and contributes to the development of national and cultural identity.
4. Australians should have access to news and information of relevance to their local community.
5. Communications and media services available to Australians should reflect community standards and the views and expectations of the Australian public.
6. Australians should have access to the broadest range of content across platforms and services as possible.
7. Service providers should provide the maximum transparency for consumers in how their service is delivered.
8. The government should seek to maximise the overall public benefit derived from the use of spectrum assigned for the delivery of media content and communications services.


One of the problems with enforcing copyright in the digital environment is that there is a seemingly infinite amount of content online, free for the taking (if you don’t count broadband internet fees). As a result, it has often been difficult for content owners to convince everyone that downloading content that is easily available–but copyrighted–is illegal. This issue is nothing new.

So what is the cause of this problem, exactly? Is it too difficult to understand what copyright infringement is? Or do people just not care? I’ve always found the argument that Jessica Litman makes in her book, Digital Copyright (2001) (pp. 111-114), to be very convincing. Litman argues that many individuals ignore copyright laws simply because they don’t seem logical to them:

The current copyright statute has proved to be remarkably education-resistant. One part of the problem is that many people persist in believing that laws make sense. If someone claims that a law provides such and such, but such and such seems to make no sense, then perhaps that isn’t really the law, or wasn’t intended to be the way the law worked, or was the law at one time but not today, or is one of those laws…that is okay to ignore.

Litman notes that if enforcement is seen to be incomplete and uneven, people become less willing to apply for permission for what they currently receive without any such permission—or to pay for what they currently receive free. (more…)

At an IP Academics’ conference in early February, I remember Professor Di Nicol asking, rhetorically, ‘where has all the patent reform gone?’. Di pointed out that we’d had any number of ACIP Reports, ALRC Reports (like that on Gene Patenting), and IP Australia Discussion Papers, all with no actual legislation resulting.

No more, it seems.

No doubt many are already aware of the Intellectual Property Laws Amendment (Raising the Bar) Bill. An exposure draft for this Bill was released by IP Australia was released on 3 March, with comments due by Monday next week (4 April). The provisions of the Bill have been discussed at some length elsewhere, too, including some very interesting, thorough discussion of Schedule 1 on the Patentology blog.

I have a few thoughts though, on things that haven’t been discussed much. (more…)