Why Australia opposes Fair Use.

Having just finished this article I fear, once again, for the future. Why? Because it contains a very important message that will, ultimately, get drowned out by all the other important messages we are currently facing both here and globally… but that’s a post for another time.

Fair Use for EFF.orgAustralian copyright laws always have been considered antiquated. In fact, we are not terribly forward thinking as a nation, legislatively speaking. Copyright is, however, one of those topics that very few people understand and even fewer care about, unless they stand to profit from the proceeds of it.

Every study period throughout my undergraduate degree I was approached or pointed to a discussion regarding the unsanctioned use of unattributed copyrighted material for assignment purposes.

“But if my tutor says it’s okay to use this picture in my project, then isn’t it okay?”

“What do you mean using the writing of another person is illegal unless I have a specific agreement from the copyright holder to say I can?”

These questions, and so many others like them, resulted in me banging my head against a non-existent desk or wall, as the people I was attempting to educate gleefully told me that they didn’t care, the law was stupid, and they’d go and use copyrighted material anyway because no one was going to chase them for the royalties for their use of said material.

This.

This is why ideas like Fair Use won’t take hold here.

Fair Use is a legal idea allowing people to use copyrighted material so long as the copyright holder isn’t losing out on profits from said use. It’s that simple really. Of course, the real legal mumbo jumbo goes into exclusions and restrictions, but that’s pretty much what it amounts to.

Parliament’s a funny place. And by funny I mean disparaging to the human soul.

So, as long as the public don’t care that they’re breaking the law and could stand to lose a significant amount of money to an already filthy rich corporation (think of how many times you’ve share a meme based on someone else’s work, or a music video, or copied a line from some book onto a completely unrelated image), or face jail time and as long as politicians sit in the pockets of those corporations that believe they will miss out on all the profits if they allow people to do what they’re already “turning a blind eye” to, then legislation such as Fair Use will never take hold in Australia.

 

Still not sure what it’s all about? Check out the video below for more information.

The Cloud is not as safe as you think it is.

We have all been taken in by the romance of the Cloud. Not longer do we require terrabytes of storage for our documents, hooked up to our desktop computers. This has been one of the most important steps in freeing us from the shackles of our desktop machines, bringing about the rise of the laptop/tablet/notebook/iDevice/miniwhatever.

IBM Cloud Computing

But, and it’s a very big but, is all that information you’re transmitting and sharing through the Cloud as safe as you think it is? Short answer: no.

Take, for example, the case of Dan Tynan. Dan was one of hundreds of people using the Cloud to store and share files for work purposes. Through sheer bad luck and a series of seemingly minor errors, his entire cloud-based drive was deleted. In a flash, his entire collection of work documents disappeared. Not only would this have cause hours and dollars in trying to reinstate all the documents, but he could also have been held in breach of contracts he had with companies who included clauses stating he was required to hold onto documents for a period of time, in case of a lawsuit.

Well, surely this couldn’t happen to anyone? It’s just a rare occurrence, I hear you say. Ha!

Between operating system updates deleting your back-ups, the Cloud being blamed for loss of jobs, messy court cases over who actually owns data and if anyone actually has the responsibility of returning data, and Symantec “discovering” that apparently 43% of users lose data in the Cloud, it’s little wonder that more and more people are choosing to turn away from cloud-based computing and return to physical and local storage of data.

Sure, it may not be “cool”. It may mean having to organise an off-site backup for really really important data, just in case. It may even mean investing in a fire-proof, water-proof safe for storing … *shudder* … back up copies, but anything has to be safer than someone you have never met having control over your information.