Australia Has Copyright Laws – Flouting them Deters Innovation and Creativity.
The Intellectual Property Problem
affects just about every small business in Australia today, particularly if you have a website. The goodwill in your business is a form of intellectual property too.
It’s a matter ignored by politics and poorly understood in the community. It is also a highly emotive issue, both for and against.
But it is an issue Australia can ignore no longer.
This is not going to go away and involves crimes that touches each and every one of us.
To avoid the inevitable and irrelevant discussion on the nature of the crime, let me make this perfectly clear.
Every country in the Berne Copyright Convention – and yes, Australia is a signatory – has copyright laws. While these laws vary slightly, they are consistent in respecting creativity and innovation. Generally, using works – including everything in the digital domain – without the permission of the owner:
1. Is a criminal offence.
2. Infringes or violates the rights of the owner or creator of the work.
3. Can lead to jail or large fines or both.
4. Allows the holder of the work at their option to seek damages using civil law for loss or hardship, and to institute criminal proceedings.
So, the law internationally sees it consistently as a violation or infringement of rights if any person uses or takes items so covered without permission of the copyright owner. This includes: books, movies, music and software, poetry, photographs, images, data in some instances, substantial text, paintings, sculpture, pottery and so on.
Copyright in Australia requires no registration and exists from the moment of “creation” of the work. This is regardless of whether a copyright notice is placed, claimed or referred to and regardless of whether or not the © symbol is used or displayed, unless the owner specifically states in writing that such rights are waived.
For the lovers of semantics the reference to “substantial text” can be applied to any body of work, regardless of it’s perceived quality.
Glib comments disparaging the quality of a work and concluding therefore it has no protection under copyright are merely childish.
A sentence is not copyright – though it may be covered by Trademark – whereas an article such as this is automatically extended copyright cover.
Organized Crime
Iincreasingly, individuals illegally downloading content with file sharing tools like Limewire, Kazaa and torrent tools like Azureas are being detected and prosecuted in the United States, the United Kingdom and Germany. It is only a matter of time before prosecutions become more common in Australia. The stakes (and the losses) are too big for companies and individuals producing intellectual property to ignore.
An ironic benefit, to the average person, from this enforcement is that by not using tools such as these they limit their exposure to viruses, trojans and malware which literally fill the services that offer cracks, keygens, serial numbers (often written serialz) and circumvention of DRM – Digital Rights Management, all of which aid in the copyright circumvention of owned music, video and software.
It is not illegal to have these downloading tools on your computer. They do in fact have legal and valid uses.
But it becomes illegal when they are used to access items without the permission of the copyright holder.
That many of the circumvention tools – cracks, keygens etc – are created by organized crime groups such as the Russian Business Network or RBN is also significant.
The Arguments Against Intellectual Property Protection
Objections to copyright protection seem to be most strongly voiced by those who hold no creative works. Whereas those who do and are affected are among the most passionate supporters of copyright law.
Most arguments against IP revolve around semantics. Every time the topic is discussed, it seems, its critics throw out:
1. “It’s not theft because nothing tangible is stolen”.
2. “It’s not piracy, piracy means rape and plunder at sea”.
3. “Software is different to music and films”
4. “The statistics for IP infringement are wrong, I do not accept them.”
On the last point they generally refuse to produce any evidence to back up their dismissal of evidence. Then they move to announcing they’ve “won the argument” by resorting to their first point. This is circuitous logic. It becomes infantile to debate this when they insist on using these arguments – which is entirely the point of them using them.
The first three points are entirely irrelevant. It’s the act that is illegal and remains illegal no matter how desperately one tries to align it to other crimes – comparing apples to oranges is simply futile.
With point four – software is no different to music, movies, books or art. It meets the requirements of the Berne Convention and the individual laws of countries that apply it – such as Australia.
To argue about a magical perceived “difference” is to divert the argument – a rather common technique employed by people on shaky legal ground. This argument does not hold up in a court of law.
The simplest argument for justifying the protections of Copyright Law, for which one never receives a reply (with the possible exception of those who burst into expletives in rage) is -
“As soon as you and everybody else goes to work for free, and that doesn’t include a government pension, and manage to eat, pay for a roof over your head and care for your family I’ll consider the possibility of doing the same.”
This infuriates opponents as they are being asked to do exactly what they demand of those who make a living through the creation of intellectual property.
In other words “putting their money where their mouth is” or “eating their own dog food”.
Those who claim “Intellectual Property wants to be free” are operating under a severe deficit. They don’t really believe this though. It’s merely a way to express a socialist doctrine: that the creative process should not be a business endeavor. An inverted piece of socialism that borders on anarchy.
The Need For Intellectual Property Protection
It doesn’t matter whether you’re creating paintings, pottery, books, magazines, movies, music or software, individuals need strong and enforced copyright laws and in specific instances patent protection.
Without those laws and their committed enforcement no one can make a living on the Internet – the commerce channel of now and the future.
In practice, our legal system is soft on intellectual property prosecution. It does not always recognise the extent of the problem of intellectual property violation online.
In order for these protections to work, our court system must enforce the law and its reparations.
If the court system treats it lightly the community will too. If a crime is free of consequences, then the seriousness of the crime is diminished.
Simply put there is no data these thieves are prepared to accept. Not past, present or future. Copyright holders, small businesses and large cannot have a reasonable, logical discussion with them while the antagonists of copyright law engage in this stupidity.
But make no mistake here. They do not give a flying fig for you, your family or small business – including your children and your children’s children should they choose to earn an honest living through the creation of intellectual property.
A Concern For All Australians
Copyright protection affects us all, whoever produces the material.
We are entering an era where the internet plays an enormous role in the economy, much bigger than now.
Unless the work of those who make the things we use are properly rewarded, the collective possibilities of the internet will be permanently diminished.
Small business and individuals – too small to influence government and the opponents of copyright laws – who do not have recourse to a legal system to ensure their right to earn a living will have to seek employment in other fields.
That means the end of new music, videos, art, software and books.
Creators do have to eat.
Current Penalties
For readers who do not appreciate that stealing creativity is a crime, below I have reproduced two extracts from Copyright Australia as a brief introduction and by way of conclusion to this article. I have merely scratched the surface of this matter. It is deep, complex and worthy of further consideration.
The extracts below link to further documents. I highly recommend you read them.
Note that in at least one instance an Australian citizen was extradited to the United States for copyright infringement.
Scott Kane
Socialism or Economic Engineering? Australian Banking Needs a Fifth Pillar.
Australia doesn’t have enough banks. The big four banks hold 92 per cent of the market and have grown lazy, fat and flabby – charging high fees and taking wide margins (the difference between loan interest rates and deposit rates).
They do this because they can; they can because customers have nowhere else to go.
With only four players, all can compete by advertising and not on price. In economic language, they are oligarchs operating a cartel. There is no collusion – they don’t need to – they simply signal to each other with market announcements.
What are our sisters doing?
Across the Tasman Sea, New Zealand has created a government owned bank called Kiwibank. It is tearing market share off the majors, all subsidiaries of the same four Aussie banks, by offering good deposit interest rates and cheap mortgages.
In Canada, the government has long refused mergers between its five major banks on competition grounds. This makes them work for their money and provides Canadian citizens genuine alternatives.
It would be easy to create a bank on the distribution capacity of Australia Post, perhaps merged with a regional bank to kick-start the process. It could begin with a simple set of deposit and loan products. And where it did compete on price, exactly how fond we are of our oligarch banks would be quickly revealed.
If that sounds rather too Socialist, the government could undertake to float the new bank on the Australian Stock Exchange once it is established and stable, while announcing a new ‘five pillar’ no-merger policy.
Look upon it as economic engineering, an opportunity to re-introduce a genuinely competitive financial market in Australia.
A fifth major Australian bank. I’d like to see that!
The author holds ANZ shares.
Jenny Mak Should Get The Sack! Australia’s Disgrace – Indigenous Intervention Failure.
Minister For Disingenuous Affairs
Click The Picture Directly Above.
It’s captured from Hon. Jenny Maklin’s website home page and makes Maka’s view of who “Australians” are very clear.
Yes, this is the federal “Minister for Indigenous Affairs”. One would be forgiven for concluding Maka sees the people her portfolio is actually responsible for are “Anglo-Celtic white”, given the singular lack of ethnic diversity amongst the smiling faces basking in her reflected glory. There’s not a single indigenous person there!
Her portfolio needs to be renamed to better reflect the Minister’s priorities. I envisage: “Minister For Disingenuous Affairs.”
Out of Touch. Out of Time. Out of Basic Decency.
Northern Territory indigenous leader Galarrwuy Yunupingu says the Federal Government’s intervention has failed to improve the lives of Aboriginal people.
Yunupingu said:
“It is now three years old but it hasn’t made Aboriginal people any richer or healthier or happier,”
“It is really and truly dragging people down to create more misery.
“So the intervention that I am calling now is to close. Let’s start again.”
He’s right, of course. Are we surprised?
There can’t be a person in either chamber of the Australian Federal Parliament who actually cares.
Because if they did we’d hear about it!
Instead, all we’ve heard are Conservatives in the Northern Territory using the issue for political point scoring.
We’ve not heard from The Greens. Their silence speaks volumes about their “acknowledgement of the original carers”, which equates to:
“Move over, The Greens are here!
These are Australian Citizens – not vehicles for cutesy, convenient, middle class vote scoring. Not devices for creating surreptitious slogans addressing voguish city dwellers.
Either do something constructive to help them NOW or…
Get out of parliament in favor of people who will!
Millions Squandered By Bureaucrats
We have heard reports from NT that millions in indigenous funding earmarked for the Strategic Indigenous Housing and Infrastructure Program has been squandered in typical, heartless, bureaucratic bastardism.
Speaking of bastards – NT Chief Minister Paul Henderson vowed he’d:
“…get to the bottom” of how the $672m package was being spent.”
and the NT’s conservative opposition Country Liberal Party called for the Northern Territory and Commonwealth auditors-general to begin
“… an immediate investigation to trace the movement of money under the SIHIP scheme.“
The guidelines for this “funding” are an utter disgrace. They are a sick, perverted joke on the Aboriginal people. Australians should be screaming in rage – this could never happen in the suburbs:
- 40-year lease deals have been negotiated with remote communities, which receive their chunk of the money only after they have signed over partial control over their land.
- Seven lease deals have been struck, despite chronic overcrowding in most remote communities – where it is alleged up to 30 people have been known to share a two-bedroom house.
- Not one new house has been built as part of the project.
Thanks to this Minister and her Labor government, John Howard’s Northern Territory indigenous gulag continues – further eroding basic civil rights, basic economic support and the basic civil liberties that are the birth right of all Australians.
Which under the constitution, includes the Australian Aboriginal people!
“ Minister,Resign.”
“The Westminster System Affords You An Honourable Way Out!”
She Looks Worried. Doesn’t She? So She Should. Sack The Mak!
Conservative Engendered Racism.
Endorsed By Labor Party White Australia Policies?
I remind you this tragedy was created by John Howard’s Liberal/National Coalition government prior to the ALP winning power and appointing “Maka the Minister For Disingenuous Affairs” . It was supposed to address genuine problems such as child abuse and chronic health problems in the indigenous community.
Australian Democrats Senators Said This Would Fail in 2007
The Australian Democrats Senators argued vigorously against it’s implementation. They warned it would fail.
They were right, and it did.
The Green’s Sacrificing This Issue For Ecological Communion
The cross benches in the Senate are now filled by The Greens, who are mute on this issue. They are too busy arguing about Climate Change and opposing every government proposal on everything.
Balance – oh plagiarising populists that you are – is about all issues of governance. Not just your pet – green coloured glasses – agenda item!
But Aboriginal Affairs?
They “acknowledge” them – but we all know what that’s worth!
Liberal And Labor Party Apartheid
This is a bum deal for all Australians. Taxpayers’ money is being wasted by bureaucrats – and is not getting through to those it is intended for and who urgently need it, Australia’s indigenous people.
It is a bum deal because we Australians are inclined to sit in judgment of other nations’ human rights issues while our government makes hypocrites of us all.
It is a bum deal because the Rudd Government have not even succeeded in conning themselves.
This government and Jenny Maklin have successfully managed, in just two short years, to create a problem that would bring tears of joy to the eyes of Australia’s second longest serving deflector of human rights – John Howard.
The Australian Democrats have long sought to “Keep the Bastards Honest” – but it seems we are now reduced to having to “Keep the Bastards from being Xenophobes” too?
“Please Explain?”
Scott Kane
Congratulations Geosciences Victoria and Paul McDonald – there is $70 billion in Gold right under our feet.
Victoria was founded on gold. And it looks like we are to have another Rush!
In news reported today, Geosciences Victoria has been researching with new science* and found 80 million ounces of gold in the area Swan Hill – Hamilton – Shepparton. The ten largest fields are each expected to contain more than a million ounces each. Wow!
What does this mean for Victoria? A lot.
Victorian Premiers have for decades watched mineral riches underwrite other state governments – particularly WA and QLD – and, save the now-depleted Bass Strait oilfields, saw little activity here.
For government, it means royalties, taxes and robust economic activity.
For citizens, it means lower taxes, jobs and a more vibrant society. Before you shrug at this, consider the impact of a mere $900 given to each taxpayer earlier this year.
But we need to be careful: beware the Dutch Disease. Holland’s traditional industries were made uncompetitive by large gas discoveries that lifted their currency.
I recommend against going back on the gold standard – where every Australian dollar is redeemable in gold – although we probably now could.
Groan, and Western Victoria will now be covered in white miners’ pegs.
These are the not-so-hard problems of affluence. Congratulations to Paul McDonald, Resources Manager at Geosciences Victoria and to all my fellow Victorians.
* for the technically minded: http://www.theajmonline.com.au/mining_news/news/2009/may-27th-09/other-top-stories/victoria2019s-billion-dollar-hidden-gold
The Great Green Grab – The Housing Bubble Bust – Gobbling Small Business Resources.
Victoria – Australia – has some pressing issues to attend to. There’s a property bubble threatening to burst. It’s not a sure thing, but it is likely.
While the Australian Greens continue to irrelevantly spout the dogma that we are all responsible for the sad plight of the environment, the truth is we can’t continue ignoring the fact that the current system of property tax is broken and needs urgent, stimulating repair.
While we watch State and Federal Labor fiddle around the margins of this system, their party founders would dry retch if they only knew.
While the Liberal Party flounder with nothing new, nothing original and nothing of value to address it. For Victoria’s Liberal Party the most pressing issue seems to be whether or not a National Party member will lead them at the next election.
Are we to look forward to Joe Bjelke Peterson-style quotes from Spring St in the future? Telling us the “Writing is on the blackboard in big black letters” or “I didn’t know what was in the paper bag until I took it to the bank?”
Strike a light!!!
We have some serious issues to deal with. We need a new approach. Housing is useless to us if:
- You can’t afford to live in it due to it being sold at more than it’s real world value + interest.
- You get stuck with mortgage payments on property whose price is in free-fall.
Today the IMF announced for Australia’s general edification:
“Property bubble fears grow as IMF says houses overvalued
A collapse in house prices would be a disaster for most Victorians, nay, all Australians. Our prosperity is pinned to the housing sector. In the near term the consequences are far worse than climate change or drought simply because the effect is immediate and will impact all levels of society. Arguably the price of property is out of step with the real value of housing and land, arguably we need a “correction”. But the correction will be painful for all.
For small business and their employees – the backbone of this nation – it could easily be an economic disaster.
We have a system that rewards people for sitting on great globs of land and doing nothing with it. We have a system that makes pensioners asset rich and cash poor. Where is the value in holding land worth a million or more if you must dine on baked beans or dog food and just can’t afford to sell?
We are collectively running around hitting our own heads with a Green hammer. The Rudd government has a climate bill up for the Senate. If the Greens block it – and all indications are they will – we face a double dissolution. While the country faces a housing sector economic tsunami the Australian Greens are going to hold the country hostage out of muddle headed bloody mindedness!
The legislation wont go far enough. So they will block it.
Just how far is far enough? Why, just one step more than you dare take. No! One step more than that.
Oh – to hell with impact on Australia!! We’re the Australian Greens! We run with careless abandon through the flowery forest of Reckless Abandon. Ask not what you can do for your country, but what you can do for the gnomes and elves that live under the ecologically unique fungus!”
As Australians we need a better system for managing housing, land tax and housing equity. Our “Lucky Country” is rapidly becoming “Blue Print USA”.
Scott Kane
Victorian & Australian Small Business – All The Risks, No Security, No Respect But Truckloads of Government Red Tape
The Brumby Labor Government has been spending big on advertising to put a positive spin on their failed and stupid water policies.
- A desalination plant in the beautiful Powllet River region ( my favourite fishing and camping spot, along with thousands of other Victorians).
- Pipelines from the North to the South to carry water that doesn’t exist.
It goes on and on. Millions of dollars spent for a variety of portfolios including the name – must have been selected in jest - “Department of Sustainability and Environment.”
But calls to assist the real economy, the small business sector…
Nothing.
It’s a disgrace when suburban and regional small businesses are baring the brunt of recession. Semantics aside, the depth of the recession is irrelevant. The reality is while small businesses risk bankruptcy, Brumby and his herd of feral ne’er-do-well ministers are busy looking for photo opportunities under gum trees and explaining why the people of the Goulburn Valley don’t need to drink as much as people in Melbourne – where the votes are – and all this is by accident?
The Liberal Party is too busy climbing into bed, donning gaudy political mascara, lipstick and rouge – again – in order to become corporation tarts for the likes of Phillip Morris ( who are drug dealers by any definition) to ensure the next round of corporate electoral campaign funding falls to them.
The Greens are, well…
They’re being the Greens. They’ve nothing to say on “small business”. I’ve come to the conclusion Senator Bob Brown must have told them, in some fuzzy furry animal-in-the-forest bed time story, that anything with the word “business” in it was dirty, nasty and sleazy. Because they cringe when it’s mentioned and never say it in public. Say the word “businesses” around Greens and you’re basically threatening their fantasy of the world moving to a time where we all frolic in the fields with the unicorns and elves; food magically grows on trees and we all live happily in mud brick round houses and bark humpies.
I mean – what else are we to think?
Small Business Takes The Risks – Big Business Pockets The Dollars
Small business entrepreneurs large and small abound. Victoria has a rich history, present, and one hopes, future in small business. Some of the best known Victorian small businesses became “big businesses”. Companies such as Ansett, Myers and many more. But they couldn’t do it now because our Brumby government dances for different masters: Corporations.
While regulation has been piled on by both Federal and State governments – have you read the Tax Act? – nothing constructive has been done at all for small business expansion. For small business survival.
Instead we’ve got expensive, repetitive propaganda campaigns about Labour’s “success” on water and environment that fools nobody – except out of touch politicians.
The conservatives have criticised Labor for their advertising, but they haven’t named it for what it is – largesse. That’s because they’d do exactly the same. Oh – the policy may be structurally different, but the beneficiary remains the incumbent.
It’s Merry Christmas, Happy Birthday and I’ll Help Myself all in one neat, prettily wrapped, tax payer funded, advertising – love in.
It’s quite common when discussing this issue to breezily dismiss small business concerns with “business shouldn’t get a handout”. But we’re not talking about “handouts”. We’re talking about decent infrastructure and a level playing field.
Differential Pricing And Credit
The bigger you are the better the price. Not because you buy more, not all corporations buy more of what they get cheaper, but because they are so darn big. They are so big they insist the supplier offer it to them at a cheaper rate. This practice compresses small business margins before they even open the door!
Banks have tightened their credit scores. That sounds nice, it sounds economically rational. But small businesses have to use the family home as equity.
Need more finance – “Oh, we’ve already got your house, what else have you got?”
No more assets = no more credit = no further equity and you’re out of business. Your employees are out of a job, your suppliers are out a customer, the rest of the community is out of another service.
Small businesses take all the risk. Their value to the community is essential, they provide all the variable supply and demand big business or corporations never pay attention to.
Essential!
Complex government reporting requirements are easy for corporations with their army of accountants and clerks. But for the small business person of Victoria it’s a major headache, unproductive, unnecessary nonsense that justifies bureaucracy. And this migraine carries criminal consequences if they fail to dot every “i” and cross every “t”.
Then there’s the cost of dealing with local and state government rules and laws on environmental issues that are virtually flaunted by corporations.
The Australian Greens will roast you for daring to complain, but are ineffective and relatively silent on corporations who don’t comply.
Why is this?
If your name is “Gunn” you can probably find a friendly cabinet minister to take you under his wing and concede the environment loves being pulped and bleached. If you’re a small businesses person – good luck with finding a cabinet minister, let alone a “wing”!
We’ve seen what corporations do to small business. The loss of independent petrol stations, the annihilation of the independent supermarket. Right now we can see both of these face the double whammy of the enormous Coles and Woolworths corporations doing their best to run an economic pogrom against both independent petrol stations and general food retailers simultaneously!
Where are the corner butcher shops, Deli’s, milk bars and super markets all run by small business Victorians? There are still a few holdouts left – but most have gone. I began my career in the supermarket industry in management and information technology. Victoria was known in Australia as the “supermarket state” because of our wealth of independently run supermarkets.
They are all but gone now.
Economy sucking oligarchies slurp unwarranted margins simply because they control the supply chain. Whether we are talking about manufactured goods or fresh produce. Indeed the “deal” given to our rural small business men and women – the farmers – is a sick joke. They pay these hard working Australian’s mere cents for the fruit of their labour, frequently produce created on credit that must be repaid to banks, and then mark them up to the consumer in their oligarchial stores often by hundreds of percent! Ripping off the farmer, the small business and the consumer.
We are supposed to accept this, nay, thank them in appreciation! It’s a disgrace when we consider they are supported in their efforts by the very people paying lip service to the voter. To the small business people placing their necks on the platform of Australia’s economic future only to discover it’s an economic guillotine, and then to be decapitated by:
- Red Tape
- Corporate Funding of Political Parties to buy representation they are not entitled to under our constitution.
- Greens running around local councils introducing by-laws that support their mythical position on the environment and their terror of the word “business”.
- Early 20th Century transport infrastructure that fails to get their employees from home to work and back again, while corporations seek bailouts for their economic bad management, enabling them to consider whether or not they should lay off a few more workers. Hello GMH!!
We have a state election coming in Victoria. We can’t afford to allow this joke at our expense to continue. Victorian Labor blames the Victorian Liberals for their time in office. The Liberals blame Labor.
The Greens – they’re not present in debates on small or large business unless it relates to a position on the environment – at which point they pontificate pointlessly for several hours before voting “No”.
I’m tired of the Labor, Liberal and Greens poking holes in the air about nothing, posing for photo opportunities in front of gum trees, lining the pockets of corporations in return for huge corporate electoral campaign funding and pandering to a minority of inner city environmentalists.
Small Business deserves better.
Scott Kane
