Google could be 'gagged' by new laws: expert

Internet search engines such as Google could be crippled by changes to copyright law in Australia that look set to be implemented by the Federal Government, a Copyright expert from The Australian National University argues.

Dr Matthew Rimmer from the ANU College of Law argues that the Copyright Amendment Bill 2006 (Cth) – which has come before the Australian Parliament this week – fails to protect commercial entities in its new Copyright exemption provisions for libraries, archives and research purposes.

“The Australian Government has actually narrowed the defence of fair dealing for research and study,” Dr Rimmer said. “There are new minor Copyright exceptions on time-shifting, format-shifting, non-commercial use by libraries and archives, and satire and parody. However, such provisions have been so narrowly framed that they are largely unworkable and inoperable.

“Search engines such as Google will be in particular strife under such a regime. As a commercial entity, they will not be allowed to take advantage of these exceptions.”

Dr Rimmer said that this could have major implications for the ability of search engines to engage in large-scale digitisation projects, provide thumbnail images, index news stories, and archive and cache web content.

“The proposed laws need to be further developed if we’re going to foster the technological innovation and creativity promised by companies like Google,” Dr Rimmer said. “It would be better if we adopted an open-ended defence of fair use as exists in the United States. The US Supreme Court has described the defence of fair use as ‘the guarantee of breathing space for new expression within the confines of Copyright law’. The Bench has also called the defence ‘an engine of free expression’.

“Not only does the defence cover particular purposes such as criticism, comment, news reporting, teaching, scholarship, and research, the US courts have held that the defence of fair use embraces such activities as time-shifting and space-shifting, parody and transformative uses, reverse engineering, and the use of thumbnail images in search engines. This provides a much wider safe harbour than that offered by the Australian Copyright Amendment Bill 2006 (Cth).

Dr Rimmer also said that the proposed Australian laws did not provide enough clarity on time-shifting (eg. recording programs from TV) or space-shifting (eg. converting music from one format to another), and that the exemptions for satire and parody were unclear and unwieldy.

Source: ANU

Related stories:

'Squeezed' Light May Improve Gravitational Wave Detectors
A research collaboration has taken steps toward improving the sensitivity of gravitational wave detectors, devices designed to measure distance changes as minute as one-thousandth the diameter of a proton. Scientists hope these detectors can one day further verify Einstein's theory of general relativity and even open a new window into the strange workings of the universe.
Archaeologists find ancient temple in Iran
Australian and Iranian archaeologists say they may have found an ancient Elamite temple buried in Iran's Fars province.
Australia: Japan whale research 'bizarre'
Australian scientists say that Japanese research on whales, the justification for its whaling program, has produced few results and is often "strange."
Study: Butterflyfish may face extinction
An Australian-U.S. study suggests the black, white and yellow butterflyfish admired by eco-tourists and aquarium keepers might be at risk of extinction.
Microscope Sees with Nanoscale Resolution
Researchers have recently built an x-ray microscope that has a pixel resolution of just 15 nanometers, allowing scientists to study the properties of materials at the molecular scale and beyond.
Australia takes on energy-guzzling TVs
A report for the Australian government recommends new energy efficiency standards for televisions that would ban most plasma models now available.
Aussie scientist: Greenhouse gases worse
Top Australian conservation scientist Tim Flannery says the global level of greenhouse gases is now far worse than predicted.
Tasmanian devils face extinction
Australian scientists say the ongoing fight to save Tasmanian devils from extinction may be doomed.

News discussion:

Technology news