Cc-au mailing list

[Jessica Coates <j2.coates AT qut.edu.au>]

Hi Tom

It depends a bit what you mean by 'use'.

A patent doesn't stop you from 'using' a file format on a legitimate product, 
eg playing an MP3 on an iPod. However, patents will stop you from 
incorporating the software to play the format in a product you are producing 
without the patent holder's permission.

Copyright also protects software, so you cannot reproduce software programs 
without the copyright owner's permission. There are exceptions to copyright 
law that say as long as it is legitimate (ie not pirated) software, it isn't 
a copyright infringement to make temporary reproductions of it as part of its 
ordinary use - but this only applies to reproductions in the RAM memory of 
your computer, and not to permanent reproductions ie copying the program to 
many computers.

There are no special laws in Australia that let community groups copy or use 
software for non-profit purposes without the owner's permission.

Also, if you need to hack or reverse engineer a technological lock to play a 
file, what you are doing will generally be illegal in Australia eg breaking 
the software that stops you from copying DVDs or playing songs from online 
services other than iTunes on your iPod.

But it's hard to answer your question without knowing more details. Does 
anyone else have anything to add?

Jessica


________________________________________
From: cc-au-bounces AT lists.ibiblio.org [cc-au-bounces AT lists.ibiblio.org] On 
Behalf Of Tom Sparks [tom_a_sparks AT yahoo.com.au]
Sent: Sunday, 28 September 2008 1:33 PM
To: cc-au AT lists.ibiblio.org
Subject: [cc-au] OT: Interoperability for Patent file format

Is there a law/Act in Australia that can allow
community project to use
patent file formats for interoperability reasons only?
eg: to support the apple Ipod I need to use mp3
(audio) / mp4 (video)
witch are both patent formats



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