Australia’s million iPod users are all breaking piracy laws

“Australia’s million iPod users are all breaking the law. A Herald Sun investigation has found — despite the popularity of the pastime — no legal method exists for Australian iPod owners to fill their player with music. And they could face court with anti-piracy groups refusing to rule out suing users of the popular player,” Liam Houlihan reports for The Herald Sun.

“None of the tunes available from legal download internet sites are compatible with the Apple iPod music players. The common method of ‘ripping’ tunes on to an iPod from the user’s own CD collection is illegal — as a breach of copyright laws. And unlike Britain and the US, Australia does not yet have an Apple iTunes store for iPod-compatible legal downloads. An estimated million people nationwide have already bought and put music on their iPods — the most popular model of MP3 player,” Houlihan reports. “But all methods of filling the player with music are illegal, which means Australia’s hundreds of thousands of iPod users are all technically criminals.”

Full article here.
Near the end of the article, iPod owner Claire Cohen is quoted, “When I got my iPod I got online ready to pay. Hours later and after being devastated to find out Apple doesn’t care about iPod owners, I had to give up.” Cohen’s wrong. It’s reportedly Warner Music Group and Sony BMG Music that are holding up Apple’s iTunes Music Store Australia. It’s Warner Music Group and Sony BMG Music that don’t care about iPod owners, certainly not Apple.

Related MacDailyNews articles:
Sony and Warner holding out on Apple iTunes Music Store Australia – September 08, 2005
Apple iPod sales humming right along in Australia – July 05, 2005

81 Comments

  1. Re “Former aussie – unhappy with the state of things”

    Hey mate – I’m not going to flame you, but I will point out that you are certainly very British in your heritage (Australians refer to the Brits as “Whinging Poms”).

    1)”tickets for speeding 3km/h over the limit.”

    I don’t know ONE person that has EVER copped a fine for 3ks over!? If you do – then they must have been a prick to the cop that pulled them over. I have been caught doing 70km/h in a 50km/h zone and talked my way out of a ticket/fine.

    2) “Not to mention the dropping standard of health care”

    The STANDARD hasn’t dropped, however it is no longer FREE and as well funded by government through taxpayer funds. Australia still has an amazing level of healthcare for ALL citizens, but increasingly we recognise that it has to be a bit more USER PAYS for those that can afford it.

    And here lies your logic flaw. Your MAIN points are about HIGH TAXES!!! How do you suppose mate that we maintain a UNIVERSAL healthcare system for all AND lower taxes??? Tooth fairy I suppose?

    3) “Why is petrol (gas) $1.30+ a litre?”.

    Here you prove slight ignorance. It is WIDELY known that the US SUBSIDISES petrol (gas) prices compared to the REAL cost. Petrol in Australia is CHEAPER than most of the world. This is because Australia, like America is a LARGE country (in terms of SPACE) and so road transport DISTANCES are a LOT higher than in Europe. There is NO doubt that we pay more than America, however this relates to the POPULATION dilemma, which I will mention later!

    4) “Why does electronics cost so much there? Much of it comes from Asia,… like, right next door”

    You do understand Currency EXHANGE rates don’t you? Also in global business it is easier for FOREIGN based companies to RIP OFF Australian consumers (where are they going to go to get an alternative?). Apple Australia was guilty of this. When the Aussie $ rose from US$0.58c to approx. US$0.70c the prices for Apple hardware remained the same. At one point it was CHEAPER for and Australian to buy a return flight to LA (with a Disney Land package holiday) and buy a 17-inch Powerbook in America. Somehow I don’t think the Australian people were responsible for this. Do you?

    5) “They have some great universities, but are user-pays like America (although not nearly as expensive I don’t think.) so not everyone can afford to go. Of course, prior to 1989 they were basically free, so the politicians who decided we had to pay for uni’s all had a free education. Funny that”

    Again on the one hand complaining about HIGH TAXES next manic minute complaining that taxpayer subsidised FREE education is no longer available. Once again the Tooth Fairy is failing to cough up in your magical world. Oh and by the way, Australian kids CAN afford to go to UNI. It is RUBBISH that some can’t afford to go. EVERY Australian can go to Uni and pay a PORTION of their fees (currently about 15-30% of the total cost, depending on the course!!!). If they can’t afford these fees they can get an INTEREST FREE loan from the government (however indexed to cost of living/inflation increases), which doesn’t need to be repaid AT ALL if your income doesn’t ever reach a certain level. Yeah this is SO SO unfair – PLEASE!?

    6) Your whole “brain drain”, “lack of VC” etc etc.

    Mate we have a population of $20 million people (as you noted) in a country only marginally SMALLER than the US. The INFRASTRUCTURE costs in Australia are very high per capita. As a result in order to provide basic services (Roads, Water, Health, Education etc) you only have a small population to draw revenues from. So yes it isn’t as good as America, but with 290 million people, America is ALWAYS going to have more access to funds than Australia. Sure there are smaller countries with comparable GDP etc, but again they are SMALL in population AND size, so transport costs and INFRASTRUCTURE costs etc are lower.

    cont…

  2. So sure things are not so great on some measures, however ALL things considered Australia is better off than almost every other country on the planet. We aren’t the richest, but our poor aren’t the poorest either. We are on the other side of the world, but when you consider some of the “neighbours” elsewhere in the world this is a VERY mixed blessing!!!

    Sure taxes are higher than in the US, but hey at least you don’t need to save your entire life to send your kids to University (College). And despite what some left wing nuts tell you, NO Australian is priced out of university if their willing to WORK and don’t see it as a FREE gift.

    Again taxes are higher than the US, but 20 million people need to provide a BETTER ACCESS healthcare than in the US. I know that if I have a heart attack my insurance level will decide if I get treated. Sure if you have ELECTIVE surgery you have to wait, but for emergencies access is fine.

    Oh and by the way, if you truly were an Aussie, you would realise that the POST Katrina fiasco (in terms of slow response) would have NEVER happened in Australia. We don’t have a 3rd class of citizen. (you note this difference yourself, that and the lack of random shootings)

    So your “incredible” intellect wasn’t respected in Australia. Well if your post is any indication of it, I’m sorry, but I am not surprised….

    Also regarding the 1 million Australians overseas. MOST return after MILKING the best of the employment opportunities in other countries and MOST bring their accumulated wealth back with them (both intellectual and financial). So in the end, this is HARDLY the problem that armchair analyst make it out to be. In fact in the end that is 5% of the Australian population taking some of the BEST jobs away from other people in THEIR OWN country, a figure we in NO WAY REPAY to citizens of other countries.

    However the biggest issue with your post is the fact that after bagging Australia compared to America, you then move on (again in a VERY MANIC manner) to indicate that Australia’s problem is it is trying to be America and maybe even America has it wrong (return to my accusation of constant whinger).

    So Australia sucks and you moved to America, which you think possibly sucks in its own way too…mmmm what is the pattern here?

    On behalf of the Australians I know mate, you’re exactly the type of person we don’t want here, so I’m glad you’ve found another country to bitch about.

    Now of course I expect charges of an inferiority complex. To this I say you are mistaken. Re-read above, I clearly have a SUPERIORITY complex ” width=”19″ height=”19″ alt=”tongue wink” style=”border:0;” />

    My 2 cents (US1.5c!!! ” width=”19″ height=”19″ alt=”raspberry” style=”border:0;” /> )

    Luke
    ” width=”19″ height=”19″ alt=”wink” style=”border:0;” />

  3. Okay a pom here, but for my convict friends and yes I do regard you as my kin as well nevermind the Ashes it was a good match and I am not a cricket fan anyhow.

    Past circumstances aside if you want to really give those in the position of power in this situation concerning legality of iPods and the future for an iTMS store for Australia I suggest emailing these people via this link:

    http://www.aria.com.au/

    You will notice that this is for the Australian Record Industry Association. It is this department that has the power to lobby John Howards government into changing the law.

    Bring your concerns, even if you are not an Australian citizen as I have already sent my own concerns.

    Or send a direct email to: aria.mail@aria.com.au

    MW: ‘felt’ as in I felt I had better help my fellow Mac users and iPod owners in Australia in the best way I can to have an iTMS service as well and legal!

  4. LukeinOz says: “Now of course I expect charges of an inferiority complex. To this I say you are mistaken. Re-read above, I clearly have a SUPERIORITY complex”

    Having tangled with Luke on other posts, I can personally attest to the truth of this statement! ” width=”19″ height=”19″ alt=”LOL” style=”border:0;” />

    Just kidding Luke – good post!

  5. This article has got to be incorrect…

    You mean you can’t fill you iPod with your own music?

    I mean, how bout your own rendition of Rubber Duckie? Hey, I’d bet you could pull off about 1000 renditions of your favorite tunes can’t you? So please, stop whining.

    j/k…

  6. Gee…

    Sadly the article is accurate: ripping a CD is illegal in Australia, as it is in the UK.

    When asked about their feelings on why ripping/fair use is legal in the USA and not in the UK, a record industry type is alleged to have said “We’d prefer it if the USA had the same rules as the UK, but it doesn’t so we have to live with it.”

    Of course, no one has acquainted them with the reality of the situation, which is that their own employees probably own iPods stuffed with “illegally” ripped music as do artists like Will Smith (who I understand owns six iPod), Chris Martin, Sting and many others. Personally, I’d love to see the record industry take its own artists to court – it would just about round out the absurdity of the argument.

  7. These laws were made years ago, I seem to remember it is also illegal to walk a pig in Trafalgar Square and a London Cab is supposed to carry a bale of hay at all times. Nobody will get prosecuted for copying their own music.

    As for getting tickets for being 3kmh over the limit in Australia, that is true. As long as you remember that a signed limit is actually 5 to 8kmh above what is marked on the sign;), 3kmh over that and Ping!

  8. From The Wikipedia

    A cartel is a group of producers whose goal it is to fix prices, to limit supply and to limit competition. Cartels are prohibited by antitrust laws in most countries; however, they continue to exist nationally and internationally, formally and informally. Note that a single entity that holds a monopoly by this definition cannot be a cartel, though it may be guilty of abusing said monopoly in other ways.

    Many trade organizations, especially in industries dominated by only a few major companies, have been accused of being fronts for cartels:

    ‘People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.’
    Adam Smith, The Wealth of Nations, 1776

    Opponents of the RIAA claim that the trade group is, in effect, a cartel which artificially inflates and fixes prices for CDs. Such allegations note that the Big Four (EMI, Sony-BMG, Universal Music, and Warner) distribute at least 95 percent of all music CDs sold worldwide, and that the share of the price of an individual CD actually received by the artist is extremely low compared to the share retained by the record company as profit. In 2003, the major CD issuers in the American market, including the “Big Four” settled a price-fixing case brought by 43 state Attorneys General by issuing refunds to consumers and donating CDs to libraries and educational groups. [1]

  9. TO: prophet loss and god sucks

    This is a MAC site. Not a religious site. It just shows your ignorance and lack of civility to bring God discussions into a technical new site. Continue on if you want I can’t control or reason with ignorant unhappy fools. And yes you are an SOB because only a B could have given birth to a misfit like you.

    Now, go have a crappy day you low life pieces of dog squeeze.

  10. Oh sorry my mistake. I was unaware that ripping my own personal CDs was illegal. So why is the ipod not a prohibited import or something.

    Colin you’re a ditz.. the Aussies in the article aren’t even considering ripping legal CD’s..

    But that’s what everyone’s telling them to do.. and they still don’t get it.

    Damn convicts..

  11. I know several people in Australia who are legally filling their iPods with music — and they buy it from the iTunes Music Store!

    They have permanent addresses in the U.S. (Some are U.S. citizens living in Australia, and some are Australian citizens who live part of each year in the U.S.) With a permanent address in the U.S. they can get a U.S. credit card. With a U.S. credit card they can use the U.S. iTunes Music Store. I know of no legal reason why they cannot do this.

    It definitely is NOT true that all people in Australia are illegally filling their iPods with music.

  12. If conversion of format is illegal. Should conversion from an optical format to an electronic format illegal, not? Sole purpose of CD player and DVD player are to do illegal function. Speakers are illegal, because they convert electronic signal to vibration of air.

    Does that mean that our human muscle is illegal because they convert nervous signals to motion?

  13. Not forgetting the British citizens living in Australia Shadowself,

    Some are my own friends now living ‘down under’ and still use their UK based credit cards to access the UK iTMS. Many have their credit card statements mailed out to them even if for a small fee.

    In the same you state Aussies part living there and in the USA.

  14. “They have permanent addresses in the U.S. (Some are U.S. citizens living in Australia, and some are Australian citizens who live part of each year in the U.S.) With a permanent address in the U.S. they can get a U.S. credit card. With a U.S. credit card they can use the U.S. iTunes Music Store. I know of no legal reason why they cannot do this.”

    If they are actually Americans who just happen to be physically located in Australia then the article has nothing to do with them. If they are Austrailians in the U.S. who somehow pass themselves off as Americans to American credit card companies, then there are some financial and legal authorities who probably would like talk to them.

    And has anybody in the history of the world “filled up” a 10GB iPod with music from iTMS? How would you like music that much, yet not own a single CD?

  15. OZ is ridiculous. I’ll bet it’s the union down under who are behind the problem. When I lived in Melbourne there was a strike every other day. All the loser commie shop stewards from England and Scotland went down there and the whole work force is now hamstrung. Give the unions a piece of the action Steve and you’ll be able to be in business.

  16. Old news. But yes, we can legally download podcast and MP3s that are legitimately offered for free.

    And of course, the law turns a blind eye to personal CD ripping, the same way it turns a blind eye to taping off the TV and radio.

  17. Hey Odessey67.

    Good to see you mate.

    Ron, did you live in Australia 20 years ago (i.e. the 80’s)?

    Your right just like when Australia was colonised the scum of the UK came over here (after Thatcher threw them out), but this time round the (NEW) “locals” told em to f%$k off.

    There hasn’t been MAJOR unionised strikes for at least 10+ years in Australia and shortly we’ll have the last evidence of that era completely removed from the landscape when John Howard dismantles the Industrial Relations Commission.

    You certainly know more about Australia than most here after living here but to say that ” the whole work force is now hamstrung” based on 20 year old evidence is a bit over the top.

    What is more amazing is that the Labour (i.e. Union movement) were the party that INITIATED a lot of that change.

    Check out the news mate, Australia is about as right wing as the US is now, we just don’t have Evangelical Christians running the place (yet).

    However the most telling thing about your post is:

    “I’ll bet it’s the union down under who are behind the problem.” AND “Give the unions a piece of the action Steve and you’ll be able to be in business.”

    Your living in the 80’s mate. Unions aren’t even a force in the old soviet blocks.

    Yeah the legal situation resulting in Australians not being able to rip Music from a CD is cause of the Unions. Do you understand left and right wing politics? The LEFT (i.e. union side of politics) is in fact more likely to have NO RESTRICTIONS on copying and sharing music. That is what it mean sto have a SOCIALIST leaning view on the world. You know the whole “collective” “sharing of wealth” etc etc.

    Also the lack of iTunes Music store. Yep again it’s those pesky Unions. In true socialist tradition they want to protect the wealth and control of the Record Industry. ” width=”19″ height=”19″ alt=”tongue wink” style=”border:0;” />

    You say when you were in Melbourne there was a strike every other day? My guess was they were protesting the fact you were let in the country!!! Tthat was a joke mate – although based on empirical evidence, you were here – strikes, you go, strikes no more…mmmmm) ” width=”19″ height=”19″ alt=”raspberry” style=”border:0;” />

    4 cents and counting.

    Luke ” width=”19″ height=”19″ alt=”cheese” style=”border:0;” />

    PS – I am no union lover. I protested against compulsory unionism at University, and I don’t believe in a predominatley socialist state (eg France). I also don’t believe in a ZERO socialist state (eg America). We do belong to communities and we do have an obligation to assist the poor (not hand outs, but assistance). I have worked in the US and London as well as traveled extensively and I believe that Australia (post the 80’s) and the UK (post Thatcher) have found a great balance between rewarding the individual and social responsibility. I think Australia is in a slight swing towards the individual at the moment, however the balance will return (eg the voter resistance to the COMPLETE dismantling of the Industrial Relations (IR) Commission and the proposed IR reforms which aim to abolish ALL forms of collective bargaining).

  18. If iPods themselves are legal…

    Then your average/generic new PC/Mac equipped w/Combo drive or DVD burners is also legal and sold as standard practice?

    In other words, there’s no ban on current technology?
    But, it’s illegal to use them as intended?

    “Information wants to be free.”
    As in, able to take whatever form might be available.
    Photoshop; MP3, OCR….it’s all just zeroes and ones and can be copied perfectly into infinity. Or modified perfectly and then duplicated. Across time and space.

    Truly amazing.

  19. Yea and I suppose everyone else who has a different MP3 player is not getting around this somehow, come on give me a break. Don’t just point the finger at the iPod because that is just nonsense. First of all the people who use iTunes still legally bought the song or album first so the record labels and artists got there money.
    I can hardly call that piracy. They paid for there music.
    There are many in the napster world that are on those rental plans and are breaking the DRM and since they don’t pay per song or Album I would say they are the ones pirating not iTunes users or iPod users.

  20. So let me get this straight: Pavarotti is God? Interesting theory but naah … no way could Pavarotti be responsible for such a fcuked up world.

    As for aussie laws, the best one is the ( 40 ) kph speed sign on the back of a school bus that is triggered when its lights flash. There you are, traveling at a legal 80 kph when a bus in front somewhere stops and starts flashing its lights. Presto … you’re suppose to instantly drop to 40 for the 8 meters or so you spend passing the bus. Seems to me it would be better to prohibit a pedestrian/kid from trying to cross a road in front of a bus. But since kids don’t follow the law [to wit, the contents of their iPod] that won’t work and so we have the ludicrous law of instant-on 40 kph speed limits applying to 8-meter stretches of road.

    Every country has their share of unfortunate laws.

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