QUOTE(bourke @ Sep 18 2006, 09:06 AM)
Guys, a very interesting legal discussion:
http://www.lawfont.c...-for-consumers/Note my comments at the bottom!
that article wans't bad except the author takes a few stabs at this and that, guess work really; in particular in regards to region encoding. Burke's post actually asked the right question, "how much of TPM is region protection and can I "go through" the TPM to get to the region encoding which I am allowed to remove.
the Exposure draft (linked to on the ag.gov.au site posted ^) says:
QUOTE
19 Note: To avoid doubt, a device, product or component (including a
20 computer program) that is solely designed to control market
21 segmentation is not an access control technological protection
22 measure.
I take two things from this: my assertion that the author of LawFont was ranting a bit - IMHO, this means DVD players will now be region free or manufactures should expect wholesale modification without statutory recourse.
The second is that, like was said somewhere above, my gut feeling is that violating TPM to get to region protection is not on, as clearly the TPM was not
solely for that protection. A lot depends on that word.
Interestingly, I find hope here:
QUOTE
Exceptioninteroperability
2 (3) Subsection (1) does not apply to the person if:
3 (a) the person circumvents the access control technological
4 protection measure to enable the person to do an act; and
5 (b ) the doing of the act:
6 (i) is in relation to a copy of a computer program (the
7 original program) that is not an infringing copy; and
8 (ii) is not an infringement of the copyright in the original
9 program; and
10 (iii) is for the sole purpose of obtaining information
11 necessary to achieve interoperability of an
12 independently created computer program with the
13 original program or any other program; and
14 © the information is not readily available to the person from
15 another source when the act is done.
For instance, if I want to run linux on a device with TPM then in order to make my programs (linux) interoperable with other programs on the device (kernel and microprogram) I can circumvent the TPM.
Of course there's holes in the argument. I'm not dealing with an infringement free copy of the original program, eg, with cromwell I have ignored it completely but with say executer, i've got and infringing derived work in place instead.
Secondly, the information I gained to achieve interoperability isn't used in my program for compatabiliuty, it is used by the circumvention device, which remains in place. Don't really know where that leaves the argument
Perhap the best bet now is to submit comments
by Sep 25th for the
"Further review of exceptions in particular supporting
making back-up copies of computer programs. If this is allowed and the same device in place will execute the backup then we all win.
Details of the process are here:
http://www.ag.gov.au...-September_2006In the mean time, I've put the following in my signature for all out going mail I get in replies to repairs and mods:
QUOTE
* IMPORTANT *
Are you aware of the introduction of amendments to Australian Copyright
Law in order to comply with "obligations" under the Australian-US Free
Trade Agreement?
http://www.ag.gov.au...A2571DF0021BCA3Are you aware that these Amendments will *criminalise* the possession of a
modified console (essentially a toy!), regardless of whether you are
playing backed up games, using free media player software, or running a
free operating system, eg Linux and not even playing games?
The Australian government is capitulating by proxy to the machinations of
corporations such as the RIAA, MPAA and Disney, who push the US Digital
Millennium Copyright Act for their own agenda from behind the scenes. See:
"Copyright and the Mouse: How Disney's Mickey Mouse Changed the World"
http://www.digitaljo...?articleID=4031* WHAT CAN YOU DO? *
Argue for the exception to the reforms allowing TPMs to be circumvented in order to make backups of software. Please read the following and note the strict procedure:
http://www.ag.gov.au...-September_2006Ask for provisions for TPM circumvention in regards to reverse engineering, device adaption and software backups or express your concern at having foreign powers and the bodies behind them
dictating Australian Law!
Write/email your federal member of parliament:
http://www.aph.gov.a...rs/mi-elctr.aspWrite/email your state senators:
http://www.aph.gov.a....asp?sort=stateAsk the ACCC to 'lobby' on behalf of Australian Consumers for full control
of devices they buy - including modification which may affect TPMs:
http://www.accc.gov....r...&type=Otheror make an anonymous call on: 1300 302 502
Thanks, from all members of the modding/hobbyist community in Australia!