The DMCA Down Under: Antitrust Implications

S. Corones and D. Clapperton (Australia)


Australia, anti-circumvention, DMCA, AUSFTA, competition, antitrust.


The Australia-United States Free Trade Agreement (AUSFTA) required Australia to adopt an anti circumvention regime mirroring that of the US Digital Millennium Copyright Act (DMCA). The AUSFTA mandated changes have created an unclear and uncertain environment for technology vendors. In combination with pre-existing differences in the scope of copyright between Australia and the US, they create an anti circumvention regime which may give copyright and DRM system owners the ability to restrict competition in technology markets.

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