e dot dot dot
a mostly about the Internet blog by

June 2019
Sun Mon Tue Wed Thu Fri Sat
           
           


The Copyright Fights Over The Australian Aborigine Flag Continue To Demonstrate Copyright Insanity

Furnished content.


It's been nearly a decade since we last wrote about the Australian aborigine flag and the insane copyright issues surrounding it. That time, back in 2010, it involved the copyright holder of the flag forcing Google to edit the flag out of one of its famous Google doodles, where it had originally been included as part of an Australia Day celebration. The problem, as you might have guessed, is that the flag was designed in the early 1970s "as a symbol of unity and national identity" by Harold Thomas. Because it was the creation of a private individual, and not a government, Thomas claims to hold a copyright on the image. He didn't do much with that copyright for decades, while the flag became an established symbol for indigenous Australians. Then, suddenly, he discovered he held the copyright and started making use of it.Apparently, that's ramped up even more in the last few months after Thomas did a licensing deal with a clothing company, followed by the traditional "sending of the cease-and-desist letters."

In October 2018, Thomas granted WAM Clothing worldwide exclusive rights to use the flag on clothing. Late last week, it issued a series of cease and desist notices to several companies, including the AFL, which uses the flag on jerseys for the Indigenous round, and an Aboriginal social enterprise which puts the profits of its clothing sales back into Aboriginal community health programs.A spokesperson for WAM Clothing said it had been actively inviting any organisations, manufacturers and sellers who wish to use the Aboriginal flag on clothing to contact us and discuss their options.Until WAM Clothing took on the licence Harold was not receiving recognition from the majority of parties, both here and overseas, who were producing a huge amount of items of clothing bearing the Aboriginal flag, the spokesperson said.
Of course, some might argue that if you design a "flag" and declare that you did so "as a symbol of unity and national identity," and then allow that flag image to be used for decades in order to establish it as identifying indigenous Australians it is (1) kind of an obnoxious move to then register a copyright, license it and start sending out legal threats and (2) so blatantly obviously against anything having to do with copyright law. Thomas did not design the flag because of the incentives of copyright law, as even he admits. The idea that he then gets to benefit from that law that had nothing to do with incentivizing the creation seems quite ludicrous.Meanwhile, the mess has copyright lawyers in Australia suggesting that the government forcibly buy out Thomas' copyright:
Former CEO of the Australian Copyright Council Fiona Phillips says the legal status of the Aboriginal flag is a unique situation that requires a public policy solution.[....]The Aboriginal flag is not just an artistic work, it's a national symbol and is particularly important to Indigenous Australians, said Phillips, who has also worked at the Australian Competition and Consumer Commission and as a government adviser on copyright law.The government could seek to compulsorily acquire copyright from Mr Thomas on public policy grounds. They could buy him out for the rights.
Yes, the government could do that, and it would still be fairly crazy. It seems like a better idea is recognizing that if you push something out there as a symbol for all to use, and then decades later come back with copyright demands, the copyright claims should be laughed at, rather than made real. Tragically, Australia went in the other direction, leading to the present mess.

Permalink | Comments | Email This Story


Read more here

posted at: 12:00am on 19-Jun-2019
path: /Policy | permalink | edit (requires password)

0 comments, click here to add the first



Site-Blocking In Australia Expanded Again To Include 105 More Sites, Including A Search Engine

Furnished content.


The Australian government approved an amended copyright law late last year that made subtle changes to what types of sites ISPs can be ordered to be blocked by the courts, and the process by which that order is obtained. Essentially, the changes amounted to allowing blocking of sites with the primary "effect" being copyright infringement, rather than the primary "purpose", along with an expedited process for getting additional site-blocking orders for sites that set up mirror sites to route around the blocks. Before the ink on the legislation was even dry, just as we warned, Village Roadshow and a bunch of American entertainment companies swooped into the court system to order blocks on all kinds of sites.And now it appears those groups were just getting started. After getting 181 domains blocked late last year, industry groups have decided to expand that with a recent request to block an additional 105 domains.

Soon after, the same companies (plus Australian distributor Madman and Tokyo Broadcasting) returned to court with a new application to block 79 “online locations” associated with 99 domains.The order appears to have changed slightly since the original application. It now lists 104 domains spread across 76 allegedly-infringing platforms. Many of the sites are well-known torrent and streaming services, including StreamCR, Torrenting, TorrentLeech, AnimeHeaven, and HorribleSubs, to name just a few.
It's a significant number of sites to be sure and it's all enabled by the change in the copyright law. It's worth keeping in mind that we're less than a year into the change in law, and the entertainment industry has already blocked something like 200 sites. Even if we were to stipulate the pirate-y nature of these sites, which we shouldn't, the speed at which this much wholesale blocking is being done is tremendous.On the topic of whether all the sites being blocked are pirate sites, at least one of those sites is attempting to defend itself.
It’s extremely unusual for any sites to mount any kind of defense against blocking but earlier this year, Socrates Dimitriadis – the operator of Greek-Movies.com – did just that.“My site is just a search engine that refers users to third-party websites,” he explained in a letter to the Court.That appears to have held no sway with the Judge. Greek-Movies is the 15th site listed in the injunction, with ISPs required to target its main domain (greek-movies.com) and/or its IP address 136.243.50.75, using DNS, IP address or URL blocking, or “any alternative technical means”.
This reveals the pernicious nature of the "purpose" to "effect" change in copyright law. There are simply no clear lines drawn here, which has now resulted in a site that does not host any infringing content being blocked under the argument that it's primary effect is still to effect copyright infringement. Precisely how long do you think it will take before someone in the music industry attempts to get YouTube blocked using that same argument? After all, there is a lot of infringement being done on YouTube, even though the primary purpose of the site is certainly not to commit copyright infringement. It sure seems like someone could do a statistical analysis of views and/or traffic on YouTube, mess with the data, and reach the conclusion that infringement is a primary effect of the site, no?Again, we're not even a year in. This is only going to get much, much worse.

Permalink | Comments | Email This Story


Read more here

posted at: 12:00am on 19-Jun-2019
path: /Policy | permalink | edit (requires password)

0 comments, click here to add the first



June 2019
Sun Mon Tue Wed Thu Fri Sat
           
           







RSS (site)  RSS (path)

ATOM (site)  ATOM (path)

Categories
 - blog home

 - Announcements  (2)
 - Annoyances  (0)
 - Career_Advice  (1)
 - Domains  (0)
 - Downloads  (4)
 - Ecommerce  (2368)
 - Fitness  (0)
 - Home_and_Garden  (0)
     - Cooking  (0)
     - Tools  (0)
 - Humor  (1)
 - Notices  (0)
 - Observations  (1)
 - Oddities  (2)
 - Online_Marketing  (3559)
     - Affiliates  (1)
     - Merchants  (1)
 - Policy  (1526)
 - Programming  (0)
     - Browsers  (1)
     - DHTML  (0)
     - Javascript  (536)
     - PHP  (0)
     - PayPal  (1)
     - Perl  (37)
          - blosxom  (0)
     - Unidata_Universe  (22)
 - Random_Advice  (1)
 - Reading  (0)
     - Books  (0)
     - Ebooks  (1)
     - Magazines  (0)
     - Online_Articles  (4)
 - Resume_or_CV  (1)
 - Reviews  (1)
 - Rhode_Island_USA  (0)
     - Providence  (1)
 - Shop  (0)
 - Sports  (0)
     - Football  (1)
          - Cowboys  (0)
          - Patriots  (0)
     - Futbol  (1)
          - The_Rest  (0)
          - USA  (1)
 - Woodworking  (1)


Archives
 -2019  October  (27)
 -2019  September  (46)
 -2019  August  (52)
 -2019  July  (55)
 -2019  June  (49)
 -2019  May  (49)
 -2019  April  (81)
 -2019  March  (94)
 -2019  February  (91)
 -2019  January  (15)
 -2018  December  (44)
 -2018  November  (43)


My Sites

 - Millennium3Publishing.com

 - SponsorWorks.net

 - ListBug.com

 - TextEx.net

 - FindAdsHere.com

 - VisitLater.com