[Oz-teachers] Copyright Audit

DALGLIESH, Andrew Andrew.DALGLIESH at deta.qld.gov.au
Thu Dec 8 10:05:44 EST 2011


Hi Tom

Yes - I agree. I don't think a unilateral and mandated approach, however it is achieved, would either be sustainable legally, or defensible morally. This debate shouldn't be about appropriating anyone's property. Remember that the goal is a fair and cost effective system, and that means fair to everyone.

It would be important to ensure flexibility and choice but fine tune the onus of proof to deal with the uncertain cases and more fairly represent the contemporary world of content exchange (of which commercial publishing is a part).

I still think Stephen's idea has merit - perhaps it could be a case of starting with a domain whose rules can be set or at least influenced by the education sector and using the resulting evidence to strengthen the case for more universal change?

An interesting article here about what happens when players in a market collectively act (what the author calls "hive mind") to choose processes, products and technologies to overcome perceived threats to their business from powerful entities perceived to hold a "master key" to their business:
http://torrentfreak.com/perhaps-the-copyright-industry-deserves-some-credit-for-pointing-out-our-single-points-of-failure-111113/

I wonder (a) if the education community perceives itself as being sufficiently strangled by the current regime to seek alternatives and (b) what alternatives it might choose?

Cheers

Andrew

-----Original Message-----
From: oz-teachers-bounces at rite.ed.qut.edu.au [mailto:oz-teachers-bounces at rite.ed.qut.edu.au] On Behalf Of Tom Worthington
Sent: Thursday, 8 December 2011 8:28 AM
To: Professional community for teachers
Subject: Re: [Oz-teachers] Copyright Audit

On 07/12/11 15:03, stephen at melbpc.org.au wrote:

> ... mandate that any and all material located under any Australian
> '.edu' domain shall be considered available for educational use under
> a CC, or similar, licence. ...

That may be declared invalid by a court, as it would infringe on the property rights of education providers (some of which are for-profit companies), under Section 51(xxxi) of the Constitution:
http://en.wikipedia.org/wiki/Section_51%28xxxi%29_of_the_Australian_Constitution

> Further I would consider that if an Australian .com.au website
> contained advertisments, then free educational use by LINKING to that
> site is fair use. ...

Pay TV providers may object, as they have both advertisements and charge for service. Suggesting that advertisements imply free-to-air would threaten their business model.


--
Tom Worthington FACS CP, TomW Communications Pty Ltd. t: 0419496150 PO Box 13, Belconnen ACT 2617, Australia  http://www.tomw.net.au Liability limited by a scheme approved under Professional Standards Legislation

Adjunct Senior Lecturer, Research School of Computer Science, Australian National University http://cs.anu.edu.au/courses/COMP7310/

--
  Tom Worthington FACS HLM
  PO Box 13, Belconnen ACT 2617, Australia
  http://www.tomw.net.au


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