Airservices Australia Copyright Policy is broken

[Mike McCauley]

In recent years, Airservices Australia
have adopted an aggressive and belligerent policy
towards copyright of aeronautical data. Airservices assert that they 'own' all the basic
aeronautical data that pilots need to fly safely in Australia. Information such
as location, codes, radio frequencies, runway headings etc are affected. Pilots can only
access some data if they agree to onerous conditions, or pay for even more
tightly controlled commercial data. Other data is not available from
Airservices at all, apparently in a bid to protect their business partners.
This policy has
taken away your basic rights to certain types of aeronautical data, has
prevented access to some types of data and has
caused other data to be withdrawn from public access.

You can find out more about the problems this causes for pilots
and what we can collectively do to fix it at
Airservices Australia Copyright Policy is broken (http://www.open.com.au/mikem/airservices/copyright1.html)

[alphacentauri]

and further.....

What the article doesn't mention is that when the dust settled and DAFIF was withdrawn from the public eye. AsA all of a sudden realised that they were relying on it, to update major international segments of their enroute charts.

This meant that for a period of time only the information out the Oz FIR boundary was accurate. Beyond that they had no idea of the changes. They then went on quite an aggressive search for anyone willing to provide a copy of DAFIF to them (free of charge of course). All approved users of DAFIF (like the ADF) were warned that providing it to unapproved users (AsA) would result in DAFIF being taken from them.

Way to go AsA :D:D

[Philthy]

What the article doesn't mention is that when the dust settled and DAFIF was withdrawn from the public eye. AsA all of a sudden realised that they were relying on it, to update major international segments of their enroute charts.

Yep. Another great leap backwards...

[Bevan666]

Do you know the main reason that DAFIF was withdrawn from the public domain? AsA!!!

When AsA started to get antsy about copyright, the easiest option for the US DoD was to just remove it.

What a bunch of clowns.:D

Bevan..

[SIUYA]

Mike suggests:

Write to the relevant minister, expressing your disagreement with the policy. The address is:
Minister for Infrastructure, Transport, Regional Development and Local Government
The Hon Anthony Albanese MP
PO Box 6022
House of Representatives
Parliament House
Canberra ACT 2600

or email The Hon Anthony Albanese MP

Normally I'd agree. Unfortunately though, I think those who write to Mr Albanese will be completely wasting their time, because from personal experience, he won't even bother to respond! :mad:

[OZBUSDRIVER]

It's just the stuffed policy of the eighties and nineties coming home to roost.

No one did a thing back then and no one will do a thing about it now.:{

[Masif Eego]

and there's the other side of the coin.......

ASA's problem is third party aeronautical data providers such as Jeppesen, LSY and the like. These organisations pay a nominal fee for AIP subscriptions then on sell the data (charts and electronic data) at prices, well, jepp subscribers will understand........

Something to consider......the airlines, in some cases, pay for the same data 3 times, ie: charts and navdata for FMS and flight planning systems.

AsA know this only to well and want a piece of the action, understandably. There's big money in aeronautical data.

I too agree that the average user should have free access to it, but suppliers of the information are getting sweet f**k all.

[max1]

Sorry Masif Eego can't agree with your other side of the coin argument.

ASA has made profits of nearly $200 million in the last 2 years, they are a government owned ( the Australian Public) monopoly. If they were operating in a truly competitive environment your argument might hold water.

Their 'reason for being' should be to provide a service to industry and the Australian public. If some organisations want to go to the time and effort of collating what should be public information and put it in a format that people are willing to pay money for, good on them. I'm not sure, but do Media Monitors pay the newspapers for collating information for companies?

The Yanks don't charge for the GPS signal,what does that network of satellites cost?

ASA, under TFN, have become wholly focused on the dollar. They have got subsidies for providing regional services. Australia Post charge the same to send a letter to the next suburb as they do for the next capital city, or to the 'Back of Bourke'.

I understand in the governments Green Paper ASA have been tasked with getting back to acting more like an Air Navigation Service Provider than a money making machine for the executives and the government. As it should be.

[cogwheel]

AsA's policy on copyright only changed for the worse when a new legal person was employed a few years back.

It is a long standing fact that AsA do not OWN the data - the data is OWNED by the State, and always has been. AsA should only be charging for the costs associated with printing and distribution etc.

I don't think anyone in the Govt has taken an interest so AsA have been able to get away with it.

Do a risk analysis on price and availability of charts etc vs how many GA folk have up to date data and there would be a good case to bring back free issue or at least cheaper products!!

[CaptainMidnight]

Is this copyright stance unique to ASA, or do other aviation authorities eg. CAA-NZ CAA-UK do the same?

I don't quite see the problem from a pilot perspective. Apart from the aeronautical charts, virtually all aeronautical data is available either online via the ASA website [ERSA, DAP, DAH etc], or in hard copy format. In short, we can all still access the publications containing the data, AIC SUPs and NOTAMs, and in fact it is good to see ASA making electronic copies of the publications available online.

So I'm afraid I can't see how Airservices Australia have therefore closed off access to accurate and timely electronic aviation data to pilots in Australia or this action will drive some private and sports aviators and others to use unofficial and possibly unreliable electronic data.

[Led Zep]

Aren't ASA removing access to online documents shortly?

[MrApproach]

A couple of quotes:

ICAO Annex 15 defines how an Aeronautical Information Service shall receive and/or originate, collate or assemble, edit, format, publish/store and distribute specified aeronautical information/data. The goal is to satisfy the need for uniformity and consistency in the provision of aeronautical information/data that is required for operational use by international civil aviation. (Wikipedia)

The ICAO Council first adopted the original Standards and Recommended Practices in 1953. Annex 15 has its origins in Article 37 of the Chicago Convention. The first requirements for the Annex were developed by the ICAO Air Navigation Committee (now the Air Navigation Commission) in 1947.
The philosophy underlying Annex 15, which stems from Article 28 of the Convention on International Civil Aviation, is that each State is responsible for making available to civil aviation interests any and all information which is pertinent to and required for the operation of aircraft engaged in international civil aviation within its territory, as well as in areas
outside its territory in which the State has air traffic control or other responsibilities. (ICAO Briefing paper on Annexe 15)

Airservices is trying to follow or pre-empt, depending on your point of view, the concepts being pursued within ICAO by the ANSP lobby group CANSO. The details can be found in this paper: http://www.icao.int/CEANS/Docs/Ceans_Wp_038_en.pdf

Apparently the information produced by each State (not ANSP) must be freely provided to other State signatories to the Chicago Convention. There is no requirement to give it away to companies such as Jepperson who make money by collating information from all of the States into digestible packages which can be purchased by pilots or companies.

The question then becomes whether companies such as Jepperson should return some of their profits to the States (ie taxpayers) that provide the information they use. My view is that they should and there are many precedents where Government, that is public, information is sold back to their own people and others by their governments. Just try and research your family tree and you will soon see how many "Jeppersons" are operating in that business. An interesting difference with Aeronautical Information is that the Government and the ANSP in most cases are one and the same. (Airservices paid the Commonwealth $66 Million in 2008 as a "dividend")

[Chu Mai Huang]

I break Airservices copyright every time I fly.
My VTC clearly says that it can be used only for information purposes.
I use mine for NAVIGATION purposes!
Come and get me Airservices.

[Lodown]

Well, it would be refreshing to see MacBank and other airport owners simply elect to 'provide at no cost' their data directly to Jeppesen and charge an appropriate fee for the same data to AsA; or assist in the setup of a private entity representing a group of airports that collects, collates, stores and then sells the data to AsA. The more NOTAM, the more profit. Maybe the airport design is copyright and airport owners could top up their coffers by sueing AsA for infringement of copyright. Does AsA pay rent for the land under control towers and navaids? The TAAATS building in Brisbane has a nice big blank space for advertising that will increase revenue for AsA.

The trouble with a government department running as a business is that it can out-compete legitimate businesses because the government won't let it fail no matter how incompetent the board. There's no risk of bankruptcy that underscores every decision made in a private business.