NZ ISPs and the Copyright Inquisition

[SYNACK]

Shortly the new Copyright reform bill will be passed into law in New Zealand bringing both welcome and unwelcome changes to how copyright is delt with.

 

The major concern is the rather abrupt wording of the legislation that deals with internet copyright infringment. The new system requires the ISP of an offending user to disconnect their account when they are presented with accusation from one of the copyright organisations in NZ. The ISPs have banded together and said that this is unworkable but the government - as usual - have no interest. No actual evidence of the infringment is required for this disconnection to be executed either (source).

 

Other news sources have posed the question of what exactly will happen to the internet market in New Zealand if this is enforced fully. In a country with almost no legal download services and TV that is at best six months out of date what will be the point of a high rate account if the only services on offer are email and youtube type content.(source)

 

On a positive note the new legislation also brings into effect legalisation of format shifting for CDs to other formats and finally allows for legal time shifting of TV content. Unfourtunatly this format shifting has not spread as far as video and the penalties for breaking DRM restrictions have been increased to $150k fine and/or 5 years inprisonment.(source)

 

Oddly though the enforcment of reigional encoding has been lifted so bypassing zoneing restrictions on a DVD is now legal. Certain people are also allowed to remove DRM for stuff like libraries and schools helpfully - i think - allowing places like schools and libraries to format shift their media to easier to catalogue and access/archive formats after the appropriate paperwork has been filled in to state that the format shift is being done without infringment in mind. (source)(source 2)

 

 

Given the restrictions in your respective countries what does everyone think of the 'reformed copyright' that we will have to abide by shortly in New Zealand?

 

[ZeroHour]

Thats a joke. At least you are not getting the great internet filter of Aus though

[SYNACK]

As this new “Guilty Upon Accusation” law draws ever closer (end of febuary) a campaign has been set up to organise some extra resistance for this plainly insane law. Anyone in New Zealand who uses the internet should participate. It does not matter if you participate in file shareing or not as this law could so easily be abused. There is no recourse, just summary disconnection if you are accused.

 

Campaign to Stop File-Sharers Being “Guilty Upon Accusation” | TorrentFreak

 

Creative Freedom Foundation: Home

 

@ZeroHour - My hope it that that is not next on the governments plan for NZ, it usually only takes a couple of years for Australias failed policies to be recycled into 'world leading' (yak!!) legislation in this country. Still at least they are not openly hacking into home computers yet (Police set to step up hacking of home PCs - Times Online)

Edited January 6, 2009 by SYNACK

[Martin]

I suppose that you could scour the "copyright organisations"'s web-sites, and if you find the slightest dodgey image (e.g. Microsoft ClipArt, WAV file etc.) then make a formal complaint and get their ISP connection cut off. One advantage of that would be that if they didn't have Internet access, they couldn't look for other people to become guilty by accusation.

 

What a stupid law!

 

mb

[Martin]

Kiwis go all black over copyright enforcement laws

 

mb

[SYNACK]

After protests the New Zealand government have had the sence to delay this misguided law for another month in an attempt to work out the details a little better. Hopefully this is the first step along the path to getting this particular section of the law removed entirely as was recommended by the select committee.

 

Internet copyright law delayed - New Zealand news on Stuff.co.nz

[markcuk]

yeah crazy but what happens when people download things using hotspots like IAC,ZIMBU over here will it mean hostels and the like will get there internet cut off?

[SYNACK]

Good news for NZ:

Shift, alt, delete for internet copyright law | Stuff.co.nz

A controversial internet copyright law will not be going ahead and will be replaced following a review by the Government, Prime Minister John Key confirmed today.

 

"In our view there are a number of issues that made it difficult to complete that code of conduct without fixing the fundamental flaws in section 92a."

 

Mr Key said there needed to be unanimous support amongst ISPs and Commerce Minister Simon Power would be engaging with some experts in the area to go back to the basics.

 

This aweful law will not go ahead and will instead be replaced by hopefuly more ballanced and fair legislation.

[SYNACK]

Well this law has now been passed with about 8 MPs total in the debate chamber when it happened. It is toned down a bunch but the burden of proof is still on the accused rather than the accuser.

 

Guilty until proven Innocent:

New Zealand, where you can be fined $15,000 for being accused of actually using our expencive, slow and unreliable internet whether you are guilty or not. I wonder how easy it is to emmigrate to Australia from here.

 

http://www.legislation.govt.nz/bill/government/2010/0119/latest/whole.html?search=ts_bill_Copyright+(Infringing+File+Sharing)+Amendment+Bill_resel&p=1#tmpn1011a

http://torrentfreak.com/new-zealand-government-rushes-through-controversial-anti-piracy-law-110413/

[Martin]

Whereas the Belgians have taken a somewhat sensible approach, and not tried to ban something than cannot easily and reliably be detected (never mind proven)...

 

El Reg: Belgian ISP does not have to filter out copyright-infringing traffic

 

mb