alt Hacker NewsWould love for sources / prior case law around this? I'm Australian and involved in reverse engineering insulin pumps and CGMs, and we are constantly worried about getting our butts DMCA'd.
Would love for sources / prior case law around this? I'm Australian and involved in reverse engineering insulin pumps and CGMs, and we are constantly worried about getting our butts DMCA'd.
Don't get me wrong, they absolutely can DMCA you if the hosting is in a foreign country iirc.
I was under the impression thr prescedant was:
Data Access Corporation v Powerflex Services Pty Ltd (1999), alongside specific provisions in the Copyright Act 1968.
The australian DMCA is called the TPM, it's more aimed at Bypassing, decrypt, or circumvent a digital lock or DRM (Digital Rights Management) protecting copyrighted material.
I do not think that phantom notes are encryption or rights management.
If you do your hosting in australia for your code/software, the US companies will probably have a bad time trying to convince the australian courts that access is the same as copyright infringement.
I'm not a lawyer, but i'll be damned if the 'vibe of it' shouldn't be a legal defense.