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Thread: Are Aurora access cards illegal??

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    Talking Are Aurora access cards illegal??

    G'Day Cobbers,
    It has occurred to me that they may have trouble prosecuting under the Copyright Act. If there is no recurring subscription fee, how could it be theft of a service. It's there for free. If you choose to use your own means of getting access, so what?
    They certainly can't claim loss of income as is the case with subscription services.
    The jury is out on this, what do you think?????

    Kindest Regards, " The Druid ".....................................



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    The only loss could be the profit loss from the original purchase of a smart card IF they didnt buy one and used a goldie etc.

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    The legality would probably be more an issue of viewing transmissions outside the licensed area, which is in breach of the Broadcasting Act (if that's what people are doing with their Aurora cards) more than a copyright issue.

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    Quote Originally Posted by mtv View Post
    The legality would probably be more an issue of viewing transmissions outside the licensed area, which is in breach of the Broadcasting Act (if that's what people are doing with their Aurora cards) more than a copyright issue.
    Would that not mean that they are not allowed to broadcast in that area instead of viewing in that area?

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    Quote Originally Posted by Moof View Post
    The only loss could be the profit loss from the original purchase of a smart card IF they didnt buy one and used a goldie etc.
    They've recently claimed that is an administration fee that they are running at a loss.

    The legality would probably be more an issue of viewing transmissions outside the licensed area, which is in breach of the Broadcasting Act (if that's what people are doing with their Aurora cards) more than a copyright issue.
    I doubt that could be applied, as it is not an offense to intercept, only if you sell the content. ( not sure of the wording here.)

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    I've been told that the Federal government pays an annual fee to Optus to provide the Sat TV service, Based on the number of "official" cards issued.

    Duck.

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    Quote Originally Posted by beer4life View Post
    I doubt that could be applied, as it is not an offense to intercept, only if you sell the content. ( not sure of the wording here.)
    I think you should check with ACMA on that belief in relation to Aurora, because if you are not authorised to receive the transmissions under the terms and conditions of the use of the card, you are committing an offence.

    This probably applies more to the commercial networks on the Aurora service than the national broadcasters, however, if you are unsure and want the facts..... ask ACMA for a ruling.

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    Quote Originally Posted by BlackDuck View Post
    I've been told that the Federal government pays an annual fee to Optus to provide the Sat TV service, Based on the number of "official" cards issued.

    Duck.
    I don't think that is true.
    It is a requirement under the terms of their Broadcast License that they provide this service ' Gratis '.
    Last edited by beer4life; 02-07-09 at 03:24 PM.

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    Quote Originally Posted by mtv View Post
    I think you should check with ACMA on that belief in relation to Aurora, because if you are not authorised to receive the transmissions under the terms and conditions of the use of the card, you are committing an offence.

    This probably applies more to the commercial networks on the Aurora service than the national broadcasters, however, if you are unsure and want the facts..... ask ACMA for a ruling.
    How can you be prosecuted for breaking the Terms & Conditions of something you do not have and haven't agreed to anyway.

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    Quote Originally Posted by beer4life View Post
    How can you be prosecuted for breaking the Terms & Conditions of something you do not have and haven't agreed to anyway.
    It's my understanding that obtaining the Aurora service by any means other than by use an official smartcard that has been supplied in accordance with the terms and conditions of the card, would be unlawful.

    As I said, contact ACMA (and probably Optus as well) for a ruling on the matter, rather than all the speculation on what is and isn't legal.

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    I just paid some bills at work because we have been uplinking to the Westlink service.. I'll find out how much it cost if anyone is interested..
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    Quote Originally Posted by mtv View Post
    It's my understanding that obtaining the Aurora service by any means other than by use an official smartcard that has been supplied in accordance with the terms and conditions of the card, would be unlawful.

    As I said, contact ACMA (and probably Optus as well) for a ruling on the matter, rather than all the speculation on what is and isn't legal.
    This is essentially correct I believe. From memory the problem arises when you decrypt an encrypted service. The act was changed to make this an offence way back before Ird1 ended as the encryption for pay tv. Or perhaps there was a new act...Digital Copyright Act or something. I don't remember.

    Someone from the old days with a better memory than I will jump in here I am sure.

    Cheers
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    Default Aurora

    It has always intrigued me that you can

    Listen to interstate radio

    Read interstate newspapers

    But you are not allowed to watch interstate TV

    Strange

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    You are receiving and un-encrypting a tv service that you are not authorized to. It's kind of like trespassing.

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    I think enf might be correct in that they tightened up any loopholes with the Digital Amendment Act ( I think that was the name of it )

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    I thinlk it's illegal because the broadcasters in that area say that they are paying for a license to broadcast Programs & Advertisements,

    & they think that if someone else broadcasts in their area, people might not watch the Local Channel,

    & then the big advertisers might take their Advertisements away from the Local station & it might then go broke & out of business,

    But I think its a Paranoid Excuse,

    because after the novelty wears off (if they had more FTA channels) The People will always go back to Local Channels for local Advertising, because this means a better service to Local People,

    but, the Politicians have been sold on the Paranoia enough to make the red tape laws that we have today
    Last edited by OSIRUS; 02-07-09 at 07:12 PM.
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    Talking I knew there had to be a chink in their armour.

    Quote Originally Posted by Sanity View Post
    I think enf might be correct in that they tightened up any loopholes with the Digital Amendment Act ( I think that was the name of it )
    This is possibly the one you mean.


    A cursory read reveals this:
    Perhaps the most significant amendment is the introduction of an offence (and related civil and criminal penalties) for using a circumvention device to break an Access TPM in circumstances where the person knows, or ought reasonably to know, that using the device in that manner would have that effect. Prior to these amendments coming into force, it was not an offence to use a circumvention device. It is still not an offence to use a device or service to circumvent a TPM.

    The Amendment Act provides specific exceptions to liability for using a circumvention device:


    And methinks I'll open a Library.
    • Libraries: libraries and educational institutions will be able to use circumvention devices for the purpose of making an acquisition decision in relation to work or other subject matter
    Hey, I'll get that QC from " The Castle ", Charles (Bud) Tingwell....

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    Quote Originally Posted by beer4life View Post
    Charles (Bud) Tingwell....
    Spose you could 'dig him up' but I don't think he will be any good

    Leroy
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    either, if ya get caught with a goldie you'll get the book thrown at ya
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    I think if you have a Goldie,

    the best thing you can do is enjoy it yourself & tell no-one,

    give none away,

    & definitely don't sell them,
    Last edited by OSIRUS; 02-07-09 at 08:38 PM.
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