Got ripped tunes on your iPod? Go directly to jail, mate

Australia's new copyright bill looks like it could soon be causing sleepless nights for anyone that owns an iPod or other digital audio player if its enacted in its current form, with strict limitations that could seemingly affect individuals whether they know they're infringing on copyright or not. Under the harshest penalty, The Sydney Morning Herald Reports, an individual can face up to five years in jail and a fine of AUD$65,000 if he/she possesses "a device, intending it to be used for making an infringing copy of a work or other subject-matter." What's more, under "strict liability provisions", you can be hit with a $6,600 fine or ticketed by police on the spot to the tune of $1320 simply for possessing infringing material, even if you didn't know you were violating copyright. While there were recently exceptions made to permit CD ripping, even those are apparently too limiting to be workable, according to Intellectual Property Research Institute associate director Kim Weatherall, permitting just one "main copy" of a CD -- meaning that you couldn't have a copy on both your iPod and computer. In related news, none other than Bill O'Reilly recently came out against the iPod, and he's got more problems with it than copyright infringement. On his radio show last week, O'Reilly said that he doesn't own an iPod and would never "wear" one, adding that (also referring to his earlier comments the PS3) "if this is your primary focus in life - the machines... it's going to have a staggeringly negative effect, all of this, for America." Some Americans, it would seem, disagree.

Read - The Sydney Morning Herald, "The $65,000 question: do you own an iPod?"
Read - Think Progress, "O'Reilly: iPods Are Endangering America"

[Via Digg]

[cultured Aussie @ Nov 21st 2006 5:28PM]

...and you "Aymericerns" have Adam Sandler.

[Mark Harrison @ Nov 22nd 2006 5:40AM]

I'm an Australian who also happens to be extemely well read and travelled including at least 12 visits to the USA so I'm not going to dignify your comments with a response as I know that the majority of the citizens of the USA are good and well meaning people.

Unfortunately, a large percentage of USA citizens are largely ignorant of other countries. As I said, ignorance, not studity. That's the fault of education and, I suspect, a result of the fact that the vast majority of US citizens do not have a passport nor have they ever had one.

As for the issue being discussed here, this legislation (it isn't law yet) is actually coming as a result of the recent Free Trade Agreement signed between the USA and Australia. Many of my compatriots felt that the whole negotiation process for the FTA was far too rushed and we (i.e. Australia) ended up with a very poor agreement that was largely in the USA's favor at the expense of our interests. As I said, the tightening up of copyright law here is mostly as a result of pressure from the United States. So if there is any fault for this, the fault lies in the District of Columbia!

[Matt B @ Nov 21st 2006 3:53PM]

Does the world really need iPod police? Put that money into programs to help people instead of to hurt them.

[Parker @ Nov 21st 2006 4:17PM]

Or just put the money back in the wallets of the people. Forget "programs." No use jacking up taxes.

[midnight7 @ Nov 21st 2006 4:04PM]

i totally disagree with this all the way, riaa, mpaa and to anyone else want to play god burn in hell

[Rubbermaid @ Nov 21st 2006 4:07PM]

What's with Australia? Not only are they copyright australopithicenes, but they (along with the U.S.) are the only big industrialized countries to reject Kyoto. Didn't they have some crazy anti-porn law in the works too?

[Brian @ Nov 21st 2006 5:08PM]

Kyoto would hurt the economy of America and let developing countries do whatever they want. Sounds really sweet, if you're China.

[netdroid9 @ Nov 21st 2006 5:47PM]

@brian: You believe that propaganda? Firstly: I'm willing to bet China puts out almost as much pollution as America and Australia do. Secondly: The amount of credits a country has is decreased each year. Don't think of it as a matter of 'this country has such-and-such credit', that's really only there to prevent friction between governments. In the end, the credits that one country doesn't use are redistributed to countries that do use them, and thus the whole planet ends up with a set, ever-decreasing CO2 quota. Hope this clears things up for you.

[aleph @ Nov 21st 2006 5:47PM]

@Rubbermaid Why would you make this about Kyoto? As an Australian I am proud of the strides we are making in curbing emissions but I am less than proud of our restrictive copyright legislation.

[Bob @ Nov 21st 2006 4:08PM]

The irony is that O'Reilly is on TV. Which last time I checked, is one of those evil machines...

[kevindineen @ Nov 21st 2006 4:14PM]

Are they going to mind all the sopranos that I've bittorrented?

[v_dogg @ Nov 21st 2006 4:15PM]

what is this world coming to

[The Grand Master @ Nov 21st 2006 4:15PM]

God I hate the record industry, but I'm a little confused by the quotes you used.

"a device, intending it to be used for making an infringing copy of a work or other subject-matter." That could be almost anything, if you photograph something that is copyrighted, that would be illegal under this law. So would a computer, you could copy your music or anything through it.

I'm struggling to think of some technology that wouldn't infringe the law, unless thee was more too it than that quote, as I'm sure there is.

Care to enlighten us Engadget?

[JinKazama @ Nov 21st 2006 4:26PM]

Sweet if Bill O'Reilly hates it I know I'm doing something right. What an idiot, I am pretty sure O'Reilly's got a PS3, 4 ipods, and various interns panties in his living room right now.

Kinda like John Edwards of NC who while being a very vocal opponent of Wal-Mart, tried to grease the manager to get his son a PS3 on launch day.

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=109&STORY=/www/story/11-16-2006/0004476445&EDATE=

http://www.msnbc.msn.com/id/15764859/

Politicians and loud mouth activists like O'Reilly are the ones negatively affecting america.

[rainking187 @ Nov 21st 2006 4:29PM]

Just curious, is there anyway to interpret Bill O'Reilly's comments that don't make him sound batshit crazy? And I love the fact that the link points out that Bill offers his own podcasts.

[andy @ Nov 21st 2006 5:10PM]

yes. for all you guys that only check out the sound bites from the far left websites:


O'Reilly said that because of the ipod, text messaging, and other gadgets that keep us plugged in every waking hour, we are raising a generation that cannot interact in a person to person way or think freely for themselves outside of the box. They are totally dependent and beholden to web resources, even if their content is not accurate.

He is obviously right.

[GJP303 @ Nov 21st 2006 4:40PM]

bye everyone, im going to jail. no more comments from me. Hope ya miss me...

[Jay T @ Nov 22nd 2006 12:59PM]

Make sure you keep your ass hole protected in their. Cya Man.

[Grant @ Nov 21st 2006 4:41PM]

Bill O'Reilly is so full of shiat it's a wonder his enlarged colon doesn't throw the Earth off its axis.

Somewhere in the world is a village missing its idiot.

[Born @ Nov 21st 2006 4:54PM]

I'm just wondering how many of you actually watched the O'Reilly segment. Or are you just taking someone's word for it?

I actually watched the segment, and what he said was - when fake worlds become more important than the real world, that's dangerous. That was the tone of the 10 minute segment. Anyone can be made to sound insane if you purposely leave out most of what they say.

[andy @ Nov 21st 2006 5:14PM]

If you hadn't noticed, you're talking to the people that he was talking about. They're so consumed by their plugged in lifestyle that they can't think or interact, they just parrot what they get from the intardweb.

[bungybob @ Nov 21st 2006 4:59PM]

its currently illegal in new zealand also... to top it off there's no itunes store either meaning that whatever you do you're screwed.

[Enrico @ Nov 21st 2006 5:01PM]

I for one get all my songs off limewire, you don't get ant cheaper than free, arrrrr - music pirate!

[Dan @ Nov 21st 2006 5:01PM]

WOW! thats moronic... you'd think everyone would know by now that they can't possibly police everyone for "stolen" media, and that there's absolutely no way to know how someone got a song that they have on their iPod. besides, there's already laws against "stealing" music, and does anyone who really wants a song obey them? NO! it's not the most intelligent thing in the world to be extorting tons of money from vast portions of the country when the government could be doing something that people outside major music labels care about...LIKE GETTING TO A SOLUTION IN IRAQ!!!!!!!!!!!!!!!

[pelon @ Nov 21st 2006 5:04PM]

You Australians better start making bigger jails, and with those sort of fines could I get a 42" HDTV, and a 360 for my cell?

[pelon @ Nov 21st 2006 5:07PM]

Now I get it, I need an extra ipod. One to show the officer and pretend all the music is legal, and one that I really use.

[patrick @ Nov 21st 2006 6:04PM]

@Andy
At least you understand where O'Reilly is coming from. It's not that the devices are inherently bad it's just the way people treat them. Such as shootings, stabbing and fighting over something as petty as a game console. People need to get their priorities strait there are more important things in life than games and tech gadgets.

[Vikas Kewalramani @ Nov 21st 2006 7:14PM]

So gadgets make people stupid? Great argument. How about all the idiot parents that let their kids play on the internet all day, buy them the newest game system, give them a cell phone at age 10, or think it's a great idea to use the television as a babysitter.

O'Reilly can blame gadgets all he wants, but it's like blaming the inanimate gun for a crime rather than the person wielding it. The problem with the generation he refers to has a lot more to do with irresponsible parents than the electronics / gadgets they give their children.

[Steve Galgas @ Nov 21st 2006 8:31PM]

Hey, doesn't Mr. O'Reilly have a *podcast*?

http://www.BillOReilly.com/podcast

Yup, them newfangled iPods are endangering us after all.

[mespinosam @ Nov 21st 2006 5:41PM]

the next move is you'll be fined for whistling or singing copyrighted songs

[little willy @ Nov 21st 2006 6:36PM]

@Patrick

"People need to get their priorities strait (sic) there are more important things in life than games and tech gadgets."

Hell yeah! Oil and money before human life.

[TiVo @ Nov 21st 2006 6:46PM]

g-r-r-r-e-e-e-a-a-a-t

[DrunkAussie @ Nov 21st 2006 7:01PM]

It's Australia's government that is uncultured, stupid and backwards, not its people.

[andy @ Nov 22nd 2006 8:55AM]

@ Vikas Kewalramani

So you're saying that gadgets have so consumed you that you can't even comprehend rational speaking anymore? I'm going to make this very simple. O'reilly said it is THE PERVASIVE EXTENT TO WHICH PEOPLE ARE USING GADGETS TO ESCAPE REAL LIFE that is doing damage to individuals in our society and thus our society as a whole. You're making his point for him. You should quit now.

[wako @ Nov 21st 2006 7:25PM]

that is the dumbest news I have ever heard. Is a cop in Australia going to stop an individual and check their iPod and then cross reference if he/she actually has an original copy? Yeah, right!


Dumb news, move along

[Nathan @ Nov 21st 2006 7:46PM]

In Australia we got screwed by the free trade agreement with the US. You guys had the laws to enable making copies of material and we had the ability to break copyright protection. Then with free trade we got none. They tried to change it and gave us the ability to make one copy, now they are going to update the laws and screw us over completely.

We can make a third copy but it has to be destroyed at the first appropriate moment. Well when the record companies can guarantee that my CD wont scratch or that they will replace it free of charge if it does then I'm gunna make copies of my CDs.

John Howard needs to go and if we are slightly behind the Americans then the recent elections are any indication it will mean change in Australia too.

[Juaquin @ Nov 21st 2006 8:27PM]

Walkmans he could take. Portable CD players, he tolerated. But Bill O'Reilly puts his foot down when it comes to the MP3 player!

[Adam Rice @ Nov 21st 2006 8:28PM]

What's funny is that premium members can Papa Bear scold them for using iPods via his podcast.

[tekdroid @ Nov 21st 2006 9:16PM]

People can stop buying music from RIAA member companies/labels if they don't like their laws dictated by corporate America's "we own you" laws and free trade agreements with the US. It's simple, just avoid:

http://www.riaa.com/about/members/default.asp

Everyone knows RIAA member companies invented music, though, especially non-tacky good music, so the concept of actually thinking outside the box might be too hard for Joe User.

[keith waddington @ Nov 21st 2006 9:26PM]

America and Aus are right when it comes to Kyoto.

Every one else is wrong.

Ha ha ha. It's this kind of arrogance that makes many people dislike both countries.

waddo
http://www.waddo.net/

[Robby Andrews @ Nov 21st 2006 10:13PM]

@Patrick

Just like people need to get over the fact there are more important things then money, but we still like have shootings, stabbings, and wars over it. I just find it hilarious that Bill O'Reilly podcasts his show.

[ZakCobb @ Nov 22nd 2006 1:45AM]

Wasn't O'Reilly giving away free ipod nanos when they came out(about one year ago)? The man is seriously out of control.

[Weed @ Nov 22nd 2006 4:05AM]

I am an Aussie. I love Australia.

Why bag this great nation, when the persons wholly responsible for this shitty bill are the Americans.

I love my p2p, and so do many other Aussies. This is absolute utter rubbish coming from our government, no thanks to America. I know am not alone in saying that us Aussies don't want this bill to be passed.

But, like every other crappy bill by our government, we are unable to do a bloody thing.

weed

[Mike @ Nov 22nd 2006 5:27AM]

Don't worry gang... we'll vote the Howard Government out next year... and fix this f&*%$# stupid government shit once and for all

Mike Down Under

[Richie @ Nov 22nd 2006 6:08AM]

I doubt little Johhny will be voted out next election. The majority of his supporters are in the older generation, which happens to be the majority of our population. And guess what the 'older folk' don't have? You guessed it, iPods.

Unfortunately, on the other side of the fence is someone thats not that much more competetent. With scare tactics regarding interest rates, we're not going to see a Labour government for another 20 years. Even if we did, who's to say they'll fix up the copyright laws?

I take all this nonsense with a grain of salt. I will freely download music, movies and television shows, no one will stop me. Even if they do stop me, fine me, send me to jail, there will be protagonists. There will be people that fight for their rights (sorry about the cliche). If its not me downloading this stuff, its millions of other Australians.

[BurnZ @ Nov 22nd 2006 5:28AM]

Blame Bono, he was here in Australia and then this... think about it.

[Phil @ Nov 22nd 2006 9:20AM]

This is asinine. Copyright law is tort law, not criminal law, and it should be handled in the courts by lawyers, not on the street by police.

Copyright infringement is far to delicate an issue to simply issue a ticket for, as there is so much evidence to go over. A police officer couldn't possibly have enough information to bring meaningful charges against any citizen in the form of a ticket.

For example, I'm about to grant a podcaster permission to use one of my songs in his podcast. He'll probably have it on his mp3 player to get a feel for which parts he wants to use. That use would be covered in our contract, but in order to avoid a ticket he would have to carry that contract in his pocket.

Thousands of tickets will be issued erroneously and as a result, most will be contested in court. The whole point of legislation like this is to relieve some of the burden of the justice system, not add to it. Stupid, just plain stupid.

[Rick Lyon @ Nov 22nd 2006 9:46AM]

I think it's people in the media such as Bill O'Reilly and the network that carries him that ruins America.

[Z @ Nov 22nd 2006 6:47PM]

Don't blame all of America for this. If you're looking to place blame, place it on the RIAA.

[Eddie @ Nov 23rd 2006 12:45AM]

So, is there any music, at all, that you're allowed to have on your iPod, or other DAP or PMP, under this law?