Bogus Breaches of Copyright

For the past week, each time I went to the Downunder Newslinks web site, I got no further than a notice on the main page stating that it was in Maintainance Mode and would be back soon. As of this morning, the text has been changed to:


First breach of copyrights notice: From the ABC on September 26, 2008 @ 10:25 am

Second breach of copyrights notice: From Fairfax Media on September 30, 2008 @ 16:27 pm

Fairfax Media sent their email notice four days after Downunder Newslinks was put in Maintenance Mode…

Copyright Infringement emails will be posted here soon!

Due to current events the DNL news section will be offline for a while.

Not being privy to the circumstances surrounding this supposed breach of copyright notice, I can only fall back on assumptions.

  1. The breach of copyright notice was issued in contravention of the principles of “Fair Dealing” as is used in Australian copyright law (US readers may wish to compare this to the US “Fair Use” policy).
  2. This is proven by the fact that the breach of copyright notice was issued in a transparent attempt to stifle legitimate review or criticism of any aspect of mainstream media, articles and perceived agendas.
  3. Having in the past, received similar takedown notices directly from the Prime Minister’s office (a Ms Goldberg to be exact), I expect this to be nothing more than the work of two individuals with a vexatious nature and access to Fairfax and ABC email accounts – all be it with the unofficial go-ahead of those in authority at Fairfax and the ABC.

Again, not being privy to all of the circumstances pertaining to this matter, I am unable to comment further. However, I still believe any accusation of alleged breach of copyright by the Downunder Newslinks web site to be completely and utterly fraudulent.

The following information comes from Wikipedia.

Fair dealing and other exceptions

The main exceptions to copyright infringement in Australia come under the general hearing fair dealing. Fair dealing is comparable to the United States’ fair use, is a use of a work specifically recognised as not being a copyright violation. However, unlike fair use, in order to be a fair dealing under Australian law a use must fall within one of range of specific purposes. These purposes vary by type of work, but the possibilities are:

  • review or criticism
  • research or study
  • news-reporting
  • judicial proceedings or professional legal advice
  • parody or satire (this last is new: it was added by the Copyright Amendment Bill 2006)

Shame on you Fairfax and ABC. Shame.