And another thing...contract terms and copyright - where's that report?
The Copyright Law Review Committee had a reference on the relationship between contract and copyright. The report was sent to the government in April. It hasn't come out yet. What's in it? (or is it just all that Iraq gumpf that is holding everything else up?).
The Australian has a story tody - pointing out all those nasty terms in copyright licenses for software may actually be illegal under Australian law. For at least some cases I've seen, that would have to be right. Funny, isn't it, when law can only continue to "exist" because never enforced? (if a tree falls in the forest, and no one is there to hear it, does it make a sound? If a software writer attaches a license to his software, and never ever enforces it, was it ever really a contract?).
For at least some of the terms, it has to be right that they would be unenforceable and may even breach the Trade Practices Act. Especially since making representations as to legal rights is itself bad under s68A, from memory.
Suggestion: maybe we could do with something like the Unfair Contracts Directive from the EU (or UK regulations that embody it) - so at least there would be some guidance out there on what is unacceptable.
just a thought.