10 March 2000


Date: Fri, 10 Mar 2000 06:59:25 +0000
To: ukcrypto@maillist.ox.ac.uk
From: Donald Ramsbottom <donald@ramsbottom.co.uk>
Subject: Update on the MPAA/DeCSS issue (fwd)


I have just received this from the party below. It seeems that the MPAA not
content with their actions to date have been active downunder. Just when I
thought they were begining to perhaps see some sense. Now as we all know
(racist comment coming up) trying to tell an Auzzie what to do is perhaps
the quickest way of getting him not to!  Perhaps they will learn the hard
way like us Pomms. Any more MPAA shenaniggens out there?


>Date: Fri, 10 Mar 2000 14:01:35 +1100 (EST)
>From: Grant Bayley <gbayley@ausmac.net>
>To: donald@ramsbottom.co.uk
>Subject: Update on the MPAA/DeCSS issue (fwd)
>
>Donald,
>
>I saw your posting from early Feb to the UKCrypto list, as mirrored on
>John Young's Cryptome.org site, commenting on the letter that the MPAA has
>been sending around to various people.
>
>You might be interested to note that the MPAA have sent us, an Australian
>organisation, the same letter with the same demands etc etc, presuming
>that we should be subject to US laws etc.
>
>I thought you'd be further interested to see this posting about the
>situation as it's developing down under (in short, there are no laws
>preventing DeCSS from being distributed/marketed/whatever in Australia and
>a set of upcoming changes to Copyright law which bring in a few provisions
>about reverse engineering through decompilation etc don't address the
>issue and the MPAA is sending people to Australia to pressure the
>Government into adding them despite the bill being quite close to passing
>in it's current form without provisions for circumvention devices etc).
>
>Grant
>
>-------------------------------------------------------
>Grant Bayley                         gbayley@ausmac.net
>-IT Manager @ Batey Kazoo            (www.kazoo.com.au)
>-Admin @ AusMac Archive, Wiretapped.net, 2600 Australia
> www.ausmac.net   www.wiretapped.net   www.2600.org.au
>-------------------------------------------------------
>
>---------- Forwarded message ----------
>Date: Fri, 10 Mar 2000 13:38:47 +1100 (EST)
>From: Grant Bayley <gbayley@ausmac.net>
>To: 2600@ausmac.net
>Cc: Kate Crawford <kcrawford@mail.fairfax.com.au>, emmanuel@2600.com,
>     dvd@2600.com, link@www.anu.edu.au, senator.lundy@aph.gov.au
>Subject: Update on the MPAA/DeCSS issue
>
>
>[Before I start, I'd like to appeal for anyone on LINK with a relevent
>contact at the Federal Attorney-General's department, Senator Kate Lundy's
>office and/or in the Australian Democrats to contact me on (M) 042 888
>2600 or email at gbayley@ausmac.net]
>
>Hi all,
>
>I've just concluded a conversation with Simon Hayes at The Australian
>about the continuing issue of the MPAA/DeCSS issue.  He'd just spoken to
>the chief counsel of the MPAA in Los Angeles, asking why they thought an
>Australian organisation would be a likely and viable target for harassment
>and/or an injunction over the software being distributed from our site.
>
>A rough quote from the MPAA guy was "well, 2600 is a target in the USA and
>because of the name, 2600 Australia are a target too".  I actually laughed
>on the phone to Simon when I heard this, if only because the organisations
>aren't linked in anything other than name and because as has been pointed
>out before, there isn't any way we can be forced to act under US law, let
>alone a temporary injunction naming just three people in the New York
>District Court.  Funnier yet was that the MPAA were taking my comments to
>the SMH the other day (taken from the www.2600.org.au/dvd.html page) as a
>response to their letter from last week.
>
>Regardless of our status here, it's noteworthy to recognise that in the
>New York case against Emmanuel Goldstein from 2600 (and 2 others), hosting
>the DeCSS software was subject to an injunction but linking was not.  In
>our case, 2600 Australia is linking to the software on wiretapped.net and
>indeed the URL supplied with the MPAA letter was not a 2600.org.au (it was
>http://the.wiretapped.net/wt/dvd/).
>
>The reason for my posting here now and asking for contact from
>organisations like the Attorney-Genereral's Department is simply to
>canvass what the feeling is like about possible changes to the Digital
>Agenda Bill as it stands right now. It's especially necessary in light
>of the meeting last week in Canberra between the Federal Attorney-General
>Mr Daryl Williams and a representative from the MPAA who flew out for the
>occasion.  I have to say I was impressed by Senator Lundy's comments on
>the issue, to the effect that she was concerned the Government was bowing
>to pressure from an organisation clearly operating outside it's
>jurisdiction.
>
>The plot thickens...
>
>Grant
>
>-------------------------------------------------------
>Grant Bayley                         gbayley@ausmac.net
>-IT Manager @ Batey Kazoo            (www.kazoo.com.au)
>-Admin @ AusMac Archive, Wiretapped.net, 2600 Australia
> www.ausmac.net   www.wiretapped.net   www.2600.org.au
>-------------------------------------------------------
Donald Ramsbottom LL.B, BA (Hons).

RAMSBOTTOM & Co. Solicitors

Internet Law & Global Cryptology Law Specialists