Where to now

The challenge for rights holders is in enforcing their newly acquired rights under the Digital Agenda Act[1] and commercially exploiting their intellectual property in an environment where unauthorised and decentralised digitisation, transmission and communication of intellectual property is exponentially growing.[2]

Resistance to copyright in forms such as Freenet which was discussed earlier, needs to be understood not simply as “hacker” attempts to outsmart politicians and legal technicians responsible for the new statutory provisions affecting online communities. The resistance is not to the content of the particular laws alone, assuming developers have that requisite legal knowledge. It is more broadly motivated by opposition to the culture of internet legal practice. The logic of these “alternative” developers is quite rationally based in a rejection of regulation and regulators that show no regard for their beliefs, experiences and technological desires. In their view they are implicated as subjects of laws that house no place for them and their practices. [3]

Obviously, “copyright law is not the enemy. The enemy is regulation that does no good”[4]

[1] Copyright Amendment (Digital Agenda Act) 2000 (Cth) was designed to bring Australia’s copyright law into the digital arena

[2] Costelloe, Raani. The new digital copyright law in the media, entertainment and communications    industries. (2001) 12 AIPJ 31

[3] Bowrey, Kathy.   “Intellectual property, peer to peer and resistence to regulation” op cit p. 7

[4] Lessig, L. Free culture op cit p. 172

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Filed under Copyright Law, Digitising works, Intellectual Property Law

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