Got ripped tunes on your iPod? Go directly to jail, mate
By Donald Melanson 
posted November 21st 2006 3:48PM
posted November 21st 2006 3:48PM
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]
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.
O'Reilly is a retard, how the hell is the iPod endangering America? If anything, it is opening more people up by experiencing new feelings thru music. Australia is taking way to far, i'm not sure if i read this right but did they say you couldn't even rip your cd to your computer and then add it to your iPod? And why do people hate on the iPod or any other MP3 player, even the Zune, don't hate just go with what makes you feel more comfortable. I hate it when people say i'll never buy an iPod, Zune etc.... Why not? What is your reason, i am interested in knowing.
Don't blame all of America for this. If you're looking to place blame, place it on the RIAA.
So, is there any music, at all, that you're allowed to have on your iPod, or other DAP or PMP, under this law?