Australian competition bureau

From: Sandy Harris <sandy _-at-_ storm.ca>
To: copyrightdroitdauteur (at) ic.gc.ca
Date: Mon, 06 Aug 2001 17:58:58 -0400

Some interesting quotes from the web pages of the Australian gov't competition
Commission.

http://www.accc.gov.au//fs-search.htm

Searching for "DVD" I find two speeches:

Difficulties between the pro-competitive community and Intellectual Property
Mr Ross Jones
Commissioner
Australian Competition & Consumer Commission

| Australian consumers are currently suffering from an international cartel that
| restricts their access to digital versatile discs (DVDs). The cartel, headed
| by major film studios in agreement with the manufacturers of DVD players, has
| divided the world into regions. This ensures that DVDs on sale in Australia
| will only function on a DVD player licensed for region 4 that includes Australia.
| The stated aim is to protect cinema ticket sales by preventing people viewing
| movies on DVDs in their homes before distribution to cinemas. The Australian
| subsidiaries of US film companies have been requested by the Commission to 
| explain their actions. It will then decide what action can be taken.

Globalisation and Competition Policy
Professor Allan Fels
Chairman
Australian Competition & Consumer Commission

| The Commission has requested the Australian subsidiaries of United States film
| companies to explain why their regional restrictions on DVDs should not be deemed
| a breach of the Trade Practices Act 1974. ...
|
| The Commission believes RPC is anti-competitive with Australian consumers lacking
| a choice of DVD videos and possibly paying higher prices.

[big snip]

| The arrangement between the studios and between them and the manufacturers may 
| constitute a contract ... lessening competition in a market in contravention of
| section 45 of the Trade Practices Act.
|
| The essential point here is that in the Commission’s view, there is an attempt
| to use copyright laws for a purpose related to areas beyond their real purpose.
| This coding system is a mechanism to allow price discrimination, not to protect
| the inherent rights of Intellectual Property owners.

I believe Chairman Fels has this exactly correct. The problem is indeed "an 
attempt to use copyright laws for a purpose related to areas beyond their
real purpose".

The solution, for us, is to carefully ensure that revised Canadian laws are
carefully written to prevent such abuse.
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