Sony decision reveals gaping hole in anti-piracy laws
Sony decision reveals gaping hole in anti-piracy laws
Last week's appeal decision in favour of Sony Computer Entertainment over Eddy Stevens revealed a gaping hole in Australia's new anti-piracy laws.
That is the view of Leif Gamertsfelder, a leading technology lawyer with the Digital Industries group at law firm Deacons.
The Full Federal Court declared that a copyright owner is not entitled to bring an action against any person that uses a piracy device such as a mod chip. This loophole in Australian law may ultimately lead to an increase in piracy in Australia.
"It is possible under Australian copyright law for an individual to order mod chips or other piracy devices from a foreign website or magazine and to use that device with complete impunity in Australia. The reason that this ploy will work is that Australian copyright law only bans the importation of piracy devices if such importation is for the purposes of a commercial dealing. Individuals have carte blanche to import piracy devices for personal use. It is not difficult to predict how the distribution channels into Australia for piracy devices may change following the Sony decision" said Leif.
"The personal use piracy loophole sends the wrong message. Any form of piracy should be outlawed. This loophole should be closed if Australian law is to be brought on par with US law and thereby boost Australian stocks in the current free trade negotiations with the US.
"The Sony case indicates that Australian copyright law is out of step with some of its Western counterparts when it comes to protecting intellectual property rights. Strengthening Australian piracy laws may assist in reducing the Australian piracy rate, which in 2002 was estimated at 32 per cent (the average for the past six years), equating to losses of around AUD$220 million for the year.
At this stage no special leave application has been lodged with the High Court of Australia with respect to the Full Federal Court's decision.
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