migrane Posted March 9, 2007 Posted March 9, 2007 Following the free trade agreement with the US, it has been made illegal to defeat Region Coding. (It's always been illegal to defeat copy protection.) So I guess the ACCC consideration that Region Coding was just a price control no longer can be used as a defence. Does this mean that a company that sells a region-free DVD or HD player is in violation, or only the user if they override the region via an available hack? At least we now have the right to time-shift and space-shift (copy to another device).
DrP Posted March 9, 2007 Posted March 9, 2007 At least we now have the right to time-shift and space-shift (copy to another device). Only so long as it doesn't involve snapping off any DRM. All the industry has to do is slap on some DRM and there goes that 'right'.
momaw Posted March 9, 2007 Posted March 9, 2007 I still think it could be argued that it is anti-competative (prices of players and software eg Talledaga Nights being $47.98 at my local JB conclusively prove this at present) and the high court still would have the power to make the final say. Problem is, I didn't win the Powerball draw, so don't have the free cash and time to pursue it
boric Posted March 9, 2007 Posted March 9, 2007 Only so long as it doesn't involve snapping off any DRM. All the industry has to do is slap on some DRM and there goes that 'right'. Yes. I'm just waiting for a broadcast flag to be added to DTV. Won't be long now.
sulimo Posted March 9, 2007 Posted March 9, 2007 Following the free trade agreement with the US, it has been made illegal to defeat Region Coding.(It's always been illegal to defeat copy protection.) So I guess the ACCC consideration that Region Coding was just a price control no longer can be used as a defence. That's not actually true, unless something changed very recently. Allowing region mods was something very specifically included in the copyright revision.
djOS Posted March 9, 2007 Posted March 9, 2007 migrane your are correct that it is covered in the new Copyright act but you haven't quite got the details correct: The Attornery Generals Copyright Page "Region coding" devices aimed solely at stopping people from playing legitimate DVDs or computer games bought from overseas will not be protected by the regime. Monash Uni Analysis Region Coding * Universities were concerned that region codes would be classified as technological protection measures, meaning that region free DVD players could be a circumvention device. This could mean that every time you played a DVD from another region you could be in breach of the law. * The Attorney-General’s Department have stated in their press release that ‘Region Coding devices aimed solely at stopping people from playing legitimate DVDs or computer games bought from overseas will not be protected by the regime.’ However region codes that are combined with access or copy protection would not be solely for market segmentation. They could still be classified as technological protection measures under the legislation. Concerns about the Draft Legislation 1. The legislation does not mention Fair Dealing for Research and Study or Criticism and Review. If staff and students can’t access or copy research material under these copyright exceptions, because of technological protection measures, this could have a detrimental impact on research in Australia. 2. The legislation is not clear that region coding will be entirely excluded from the protection of technological measures. It is only mentioned in a note within the legislation itself. Region codes that are combined with copy/access protection could still be included. 3. The legislation assumes that copyright owners have the right to control access to their material once it is made available to the public. But copyright law only refers to the owners’ right to control reproduction, publication, performance, communication and adaptation.[2] This legislation appears to provide owners with an access right by default. 4. There appears to be no provision in the legislation that would allow individuals or organisations to seek help in obtaining or making a circumvention device. Users can only create devices themselves or import a device from overseas. 5. The sections on new exceptions only require the Minister to make a decision about an exception within 4 years of receiving the submission. [3] There is no further detail on the process. Given the speed of technological change, a 4 year review period is impractical. 6. Any exceptions to circumventing technological protection measures can be overridden by contract. Access to copyright material is often controlled by a licence agreement which includes terms that prevent circumvention. This makes the exceptions irrelevant.
migrane Posted March 9, 2007 Author Posted March 9, 2007 migrane your are correct that it is covered in the new Copyright act but you haven't quite got the details correct:The Attornery Generals Copyright Page Monash Uni Analysis Apologies for frightening people. The section of the act I read referred to Technological Protection Measures, and without any note to read, assumed that meant Region Coding. It sure fit to me. Edited.... I've looked through the entire 671 pages of the copyright act and, as stated above, there is NO mention that "Region coding" is or isn't a legitimate TPM. So, even if the Attorney-General says that it doesn't count, who can trust a politician?
MELso Posted March 9, 2007 Posted March 9, 2007 Geographic market segmentation devices are now specifically excluded from the definition of technological protection measures (along with other computer programs designed to prevent interoperability such as chips in printer cartridges...). This means that the law is region coding's legal to fit, legal to remove. Not ideal, but better than nothing.
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