The Democrats have warned against allowing the Free Trade Agreement to go down the American route of giving extraordinary power and privilege to giant software companies, which can then be used to stifle competition.
Australian Democrats Information Technology spokesperson, Senator Brian Greig, said in his speech to the Senate last night that under this FTA, software patents, rigorously enforced anti-circumvention provisions, and increased liability for internet service providers, are a matter of considerable concern to the Democrats.
"We strongly support the development and use of open source software, and a diverse and competitive IT environment in Australia and do not welcome any moves which may hinder this," Senator Greig said.
"Aspects of the US Digital Millennium Copyright Act (DMCA) have seen the major software companies in that country frustrate and block smaller companies and IT research teams, by using the law to threaten and financially exhaust any competition.
"We must retain our sovereignty in this area, and resist any efforts to sell out Australia's successful proliferation of small and medium-sized companies to US multinational giants who step on civil liberties in the process," Senator Greig said.
Senator Greig said the Department of Foreign Affairs and Trade described the Intellectual Property outcomes of the FTA as 'harmonising Australia's intellectual property laws more closely with the largest intellectual property market in the world'.
"Given the amount of power wielded by US corporations in the field of copyright and patent protection, this prospect gives rise to much concern," Senator Greig said.
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