Kookaburra case no joke

IN two separate rulings, the Federal Court proved this week that copyright law is dangerously out of step with the culture and technology of modern Australia. The decisions went in opposite directions, but highlighted the same point: government inaction has left the courts ill-equipped to deal with some of society's most pressing issues.

Many people have been left puzzled by the infringement ruling against the Men at Work song Down Under. The decision rests on the fact that a small section of the song is considered to be similar to Kookaburra Sits in the Old Gum Tree, a tune from the 1930s. To many, the similarity is vague. But even if the songs have a direct link, there is still a problem.

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The judge was required to apply a body of law that is blind to the fact that modern music routinely samples the work of others. And it's not just hip-hop: think of the trouble Ralph Vaughan Williams or Jean Sibelius would have faced if composers of treasured national folk tunes had had recourse to our courts. Clearly, culture has moved too fast for the law. That is the reason why the Federal Court penalised those behind what is virtually an alternative national anthem.

The argument in favour of modernising copyright law is even more pressing after the ruling that internet service provider iiNet had no responsibility to prevent illegal file-sharing of copyright movies. This decision, if not overturned on appeal, seems partly inconsistent with the federal government's plans. Communications Minister Stephen Conroy wants internet service providers to block illegal material, such as bestiality and child pornography. While the iiNet case concerned copyright, it makes no sense to block one category of illegal material while permitting the distribution of another.

But on the copyright issue, any move from Senator Conroy would need to take account of multilateral talks that aim to produce global standards for the enforcement of intellectual property.

To be effective, those standards will need to take account of the internet. And that means third parties such as internet service providers may eventually need to be held liable for copyright breaches.

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Australia's corporate watchdog takes Fortescue to court again

Australia's corporate watchdog has lodged a notice of appeal in the Federal Court of Western Australia against a judgment given on December 23, 2009 which dismissed claims that Australian iron ore miner Fortescue Metals Group Ltd. (Fortescue) and the company's CEO Andrew Forrest deceived investors, a Fortescue press release has announced. Fortescue had faced a suit from the Australian Securities and Investments Commission (ASIC) which alleged that the company misled the market in 2004 regarding deals with three major state-owned Chinese companies. ASIC's legal team had alleged that Fortescue and Mr. Forrest had made certain misleading announcements as part of an aggressive public relations campaign. Fortescue chairman Herb Elliott said the company and Mr. Forrest were disappointed with ASIC's decision to appeal. "While we recognize ASIC has a legal right to appeal, the judgment was unequivocal in our favour," Mr. Elliott said. Source:news.alibaba.com/

Moving to Australia will kill Danny Cipriani's England career

Cipriani, who will be full-back for England Saxons against Italy on Sunday, is understood to be on the verge of signing a £200,000 a year deal with the new Super 15 franchise in Australia after rejecting the chance to continue his career at London Wasps. The 22-year-old has won just seven England caps since his debut in 2008 and has dropped down the No10 pecking order under Johnson following his arrival as team manager. On the eve of England's clash with Wales — which has seen centre Riki Flutey drop out due to an injury — Johnson made it clear that the Wasps player would be signing his own death warrant in terms of Test rugby. Johnson said: “It's his choice if he wants to do that because it would be impossible for him to play for England during the Six Nations over there. “I am sure Danny understands that but it is going to be his choice and his call. My relationship hasn't broken down with him. “I haven't spoken to Danny about this but I am aware of the situation and he is a member of the Saxons team.” Johnson admitted the loss of Flutey, who will be replaced by Toby Flood, was a blow but insisted the Leicester utility back would be able to cover for the loss of the Lions centre. Johnson added: “It is a blow to lose Riki but Toby has been training in that position this week and is an experienced international who gives us another kicking option.” Bath centre Shontayne Hape, the former New Zealand rugby league international, has been drafted in as a replacement. Source:thisislondon.co.uk/

Aussie Gains From 6-Month Low Versus Yen, Paring Weekly Decline

Feb. 5 (Bloomberg) -- The Australian dollar rose from a six-month low versus the yen, paring its longest stretch of weekly losses since July, as investors bet its declines were too rapid. New Zealand’s currency also climbed. Gains in the so-called Aussie were maintained after the central bank said economic growth is likely to accelerate this year even if policy makers are forced to raise interest rates by another three quarters of a percentage point. The two South Pacific currencies headed for weekly declines versus the U.S. dollar before the a report today forecast to show payrolls in the world’s largest economy rose by 15,000 last month, improving prospects for interest-rate increases by the Federal Reserve.

“The Aussie fell off a cliff yesterday so we’re seeing a bit of a recovery, but things are still fragile,” said Joseph Capurso, a currency strategist at Commonwealth Bank of Australia in Sydney. “The risk to the market is that you get a bigger than 15,000 payrolls increase tonight so that pushes the U.S. dollar up and the risk currencies lower.” Australia’s currency rose 0.7 percent to 77.56 yen as of 4:57 p.m. in Sydney, trimming its weekly decline to 2.8 percent. It yesterday touched 76.23 yen, the lowest since July 22. The currency bought 86.62 U.S. cents from 86.46 cents yesterday and is set to drop for a fourth week, the longest stretch of declines in a year. New Zealand’s dollar rose to 61.64 yen from 61.20 yen yesterday, and down from 63.28 yen on Jan. 29 in New York. It bought 68.85 U.S. cents from 68.73 cents, set for a 1.8 percent weekly decline. 

Commonwealth Bank Commonwealth Bank of Australia today lowered its forecast for the Australian dollar saying it will peak at 88 cents in the second quarter before ending the year at 85 cents. The Aussie’s second-most accurate forecaster in 2009 had previously expected a peak of 98 cents with the currency trading at 90 cents by December, according to Bloomberg data. It also said today that New Zealand’s dollar will probably trade at 70 cents through the first half of the year before ending 2010 at 71 cents. Australia’s dollar also gained today after a report showed the nation’s building industry expanded in January at the fastest pace in two years amid rising demand for apartment, engineering and commercial construction. Source:businessweek.com/

Australia shares hit 3-month low; miners slump

SYDNEY, Feb 5 (Reuters) - Australian shares fell 2.3 percent on Friday to a three-month low after investors dumped riskier assets on European sovereign debt fears and poor U.S. jobs data. The benchmark S&P/ASX 200 index (.AXJO S&P/ASX 2006 February,201006/02/2010 03:25 Sydney, Australia. Value Change % Change 4514.1 -107.5 -2.3% Australian indices International indices .AXJO , 4514.1, -107.5, -2.3%) fell for the fourth straight week, its worst run since mid-2008. It has fallen 8.9 percent in the last four weeks but traders said they saw value in stocks and a rebound was due next week. "Our guys think there is good value in a lot of stocks. If you were waiting for a correction to buy, then this could be the time," said Chris Kimber, client adviser at Bell Potter Securities. Top miner Rio Tinto Ltd (RIO.AX RIO TINTO6 February,201006/02/2010 03:25 Sydney, Australia. Price Change % Change 66.600 -3.520 -5.020% Company overview Real-time quote RIO.AX , 66.600, -3.520, -5.020%) slumped 5 percent to a seven-month low to A$66.60 as metal prices slid. It announced it had hired Ian Bauert, a fluent Mandarin speaker, to head its China business in an effort to improve relations with its largest customer after the arrest of a top officials there. Fellow miner BHP Billiton Ltd (BHP.AX BHP BILLITON6 February,201006/02/2010 03:25 Sydney, Australia. Price Change % Change 39.550 -1.440 -3.510% Company overview Real-time quote BHP.AX , 39.550, -1.440, -3.510%) lost 3.5 percent to A$39.55. The benchmark fell 107.30 points to 4,514.30, its biggest one-day slump in two months. At one point, it touched its lowest level since early September. New Zealand's benchmark NZX 50 index <.NZ50> fell 1.4 percent to 3,104.99 An upgraded economic outlook by the Australian central bank failed to stop the rot. [ID:nSGE61403F]. Retailer Harvey Norman (HVN.AX HARVEY NORMAN6 February,201006/02/2010 03:25 Sydney, Australia. Price Change % Change 3.620 -0.100 -2.690% Company overview Real-time quote HVN.AX , 3.620, -0.100, -2.690%) shares fell 2.7 percent to A$3.62. It said second-quarter like-for-like sales rose 6.5 percent and that it was cautiously upbeat about the current half. [ID:nSGE6130MK] Worries about weakness in the U.S. economy hit shopping mall giant Westfield Group Ltd (WDC.AX WESTFIELD GROUP6 February,201006/02/2010 03:25 Sydney, Australia. Price Change % Change 12.200 -0.740 -5.720% Company overview Real-time quote WDC.AX , 12.200, -0.740, -5.720%) hard, with its shares down 5.7 percent at A$12.20. Westfield has a third of its properties in the United States. Gold miners and energy firms came under pressure after gold fell nearly 4 percent and oil slid 5 percent. Australia's top gold miner Newcrest Mining Ltd (NCM.AX NEWCREST MINING6 February,201006/02/2010 03:25 Sydney, Australia. Price Change % Change 31.150 -0.820 -2.560% Company overview Real-time quote NCM.AX , 31.150, -0.820, -2.560%) lost 2.6 percent and Lihir Gold Ltd (LGL.AX LIHIR GOLD6 February,201006/02/2010 03:25 Sydney, Australia. Price Change % Change 2.740 -0.120 -4.200% Company overview Real-time quote LGL.AX , 2.740, -0.120, -4.200%) fell 4.2 percent, while oil and gas producer Santos Ltd (STO.AX SANTOS6 February,201006/02/2010 03:25 Sydney, Australia. Price Change % Change 13.200 -0.560 -4.070% Company overview Real-time quote STO.AX , 13.200, -0.560, -4.070%) declined 4.1 percent. Banks also suffered, with No.4 lender Australia and New Zealand Banking Group (ANZ.AX ANZ BANKING GRP6 February,201006/02/2010 03:25 Sydney, Australia. Price Change % Change 20.900 -0.520 -2.430% Company overview Real-time quote ANZ.AX , 20.900, -0.520, -2.430%) leading the way down. (Additional reporting by Victoria Thierberger; editing by Denny Thomas) Source:money.ninemsn.com.au/

Australia's Harvey Norman Q2 sales up, upbeat on H2

MELBOURNE, Feb 5 (Reuters) - Australian electrical and furniture retailer Harvey Norman Holdings (HVN.AX: Quote, Profile, Research) said its second-quarter like-for-like sales rose 6.5 percent and it was cautiously upbeat about the current half. For the first half, sales at its outlets in Australia, New Zealand, Slovenia and Ireland rose 4.0 percent to A$3.27 billion ($2.83 billion), it said on Friday. Total sales in Australia rose 6.8 percent in the quarter but the firm provided no detail on the composition of sales. Retail analysts have said that furniture sales at Harvey Norman were likely boosted by a strong housing market but its larger electricals business probably came under pressure from discounting. "Sales for the month of January 2010 have met managements' expectations and we remain cautiously optimistic about the next five months," Chief Financial Officer Chris Mentis said in a statement. Source:in.reuters.com/

Rudd disagrees with nephew's stand on racism against Indians in Australia

Canberra, Feb. 5 (ANI): While Australian Prime Minister Kevin Rudd has defended his nephew's right to protest, he doesn't agree with Van Thanh Rudd's stand that the violence directed at Indian students in Australia was racist. Buzz up!"We all believe in free speech but I don't agree with what he said," The Sun quoted Rudd, as saying. Van, a Melbourne-based artist, made headlines in the Indian media after dressing up in a Ku Klux Klan hood on Australia Day to protest against the ongoing racist attacks. Rudd said he had a broad family and his 36-year-old nephew had two brothers - a policeman and a member of the Australian Defence Force. "I haven't had a chat with him for quite some months," he said. They are the sons of the Rudd's brother Malcolm, a Vietnam veteran, and his wife Tuoi. (ANI) Source:news.oneindia.in/

Gayle pommels PM's XI in warm-up

CANBERRA, Australia (CMC) -- Chris Gayle's blazing century provided the platform for a rousing 90-run victory for touring West Indies over the Australian Prime Minister's XI in a rain-reduced warm-up match yesterday. CANBERRA, Australia (CMC) -- Chris Gayle's blazing century provided the platform for a rousing 90-run victory for touring West Indies over the Australian Prime Minister's XI in a rain-reduced warm-up match yesterday. Gayle delivered a vicious captain's knock of 146 off 89 balls and shared in a double-century opening stand with Travis Dowlin as West Indies 399 for five off 45 overs and then restricted the PM's XI to 312 for seven off their 45 overs in the high-scoring fixture. 

Sent to bat at the Manuka Oval, West Indies -- led by Gayle's power-hitting -- began rapidly and after reaching fifty off just five overs, brought up the hundred in the ninth over. Gayle, who was dropped twice -- on 15 and 20 -- early in his innings, began the game with three consecutive boundaries and made the local side pay for their fielding errors with a record knock. The big left-hander reached 50 off 23 balls and a hundred off 57 balls before completing his whirlwind 89-ball innings, four short of the 150-mark. Gayle's 146, laced with 14 fours and eight sixes, set a new highest score in Prime Minister's XI matches, surpassing David Boon's 134 against the West Indies in 1984. Dowlin scored 72 off 85 balls with five boundaries while gathering 234 for the first wicket with Gayle. 

Lendl Simmons, batting at No 3, sustained a daunting run-rate for the Windies with an unbeaten 70 off 49 balls with nine fours and a six. After Narsingh Deonarine fell cheaply for three, Kieron Pollard thumped 36 off 17 balls with five fours and a six while Denesh Ramdin (22 not out) and Dwayne Smith (19) also played brisk innings in the touring side's imposing total. The batting explosion was only interrupted by two rain stoppages, reducing the overs from the allotted 50. Medium pacer Alex Keath (4-71) was the chief wicket-taker for the PM's XI, who were unable to match the Windies' free-scoring display in their run-chase. Tom Cooper lashed a splendid hundred, 160 off 120 balls with 14 fours and six sixes, but there were no other significant scorers for the PM's XI and the West Indies romped to an easy win ahead of their first One day International (ODI) against Australia on Sunday. 

 

Left-arm spinner Nikita Miller was the pick of the West Indies bowlers with three for 51 off nine overs, while medium pacer Darren Sammy claimed two for 37. Miller was on a hat-trick in the 33rd over when the PM XI's captain Matthew Hayden (13) and John Hastings were stumped by Ramdin. Preparing for the series of five ODIs and two Twenty20 Internationals against the Aussies, West Indies used nine bowlers and seamer Smith (1-34) and off-spinner Deonarine (1-60) were the other wicket-takers. The stylish win has come as a huge confidence booster for the injury-hit Caribbean side. It was confirmed Wednesday that Dwayne Bravo will miss the series with a finger injury, the lively all-rounder joining other key players Ramnaresh Sarwan, Shivnarine Chanderpaul, Jerome Taylor, Fidel Edwards, and Sulieman Benn on the sidelines. Before the start of the match both teams took official photographs with the Prime Minister Mr Kevin Rudd. There was also a minute's silence for the victims of the January 12 earthquake in Haiti. The players and match officials wore blue ribbons in tribute to the victims of the earthquake. Source:jamaicaobserver.com/