Copyright Infringers Guilty apon Accusation - war of words

, posted: 21-Jan-2009 15:59

I'm suprised and saddened that APRA are joining the pro-section92 brigade. Large numbers of their members don't agree with APRA's stance. Here's a recent timeline of press releases and replies: green = Creative Freedom Foundation red = APRA, NZFACT, RIANZ yellow = everyone else 18 December 2008) Press Release: Creative Freedom Foundation Campaign Against Guilt Upon Accusation Laws in NZ The Creative Freedom Foundation launches today in New Zealand to unite artists who are against the removal of New Zealander's rights through proposed changes in Copyright law, done in the name of protecting creativity. 13 January 2009) Press Release: InternetNZ Urgent Govt action needed on Copyright problem InternetNZ (Internet New Zealand Inc) calls on the Government to urgently resolve problems with Section 92A of the Copyright Act, to prevent the cutting off of Internet access to innocent people and businesses, and disruption to business. 14 January 2009) LIANZA letter (Library & Information Association New Zealand) Strongly recommending section 92A be repealed ISPs will be required to act on accusations of illegal access of copyright materials by users (thereby reversing the legal principle that a person or organisation is deemed innocent until proved guilty) 15 January 2009) Press Release: NZ Computer Society Copyright Law “Ethically Flawed” The New Zealand Computer Society (NZCS) today labeled Section 92a of the new Copyright Amendment (New Technologies) Act 2008 “Illogical” and potentially “Ethically Flawed”. 16 January 2009) press release by APRA, RIANZ & NZFACT "New Zealand Creative Industries welcome changes" Section 92a brings an opportunity for ISPs and rights holders to work together to address the large-scale online piracy problem that is affecting creative industries in New Zealand and worldwide. It is estimated that 19 out of every 20 music downloads is an illegal download. Between 60 -80 per cent of all internet traffic is peer-to-peer sharing of copyright infringing files. This deprives the songwriters, record artists, actors and all those who work in the creative industries the opportunity for payment for their creativity and effort to produce the songs, movies and software you enjoy. 16th January 2009) press release by NZ Creative Freedom Foundation "Thousands of artists have rejected the idea that the creative sector want this done in their name" No one is seriously saying that creators shouldn't be paid. Conflating the issue of copyright infringement and guilt upon accusation laws is dishonest and misleading. 20 January 2009) press release by Creative Freedom "Artists Against Guilt Upon Accusation Laws" The Creative Freedom Foundation announced today that thousands of artists have signed their petition against the removal of New Zealander's rights through changes in copyright law, purportedly done in the name of protecting artists and creativity. "While copyright infringement is a problem for artists, our petition shows that thousands of artists think that it is a greater problem for people not to get a trial. Treating fans as guilty until proven innocent isn't what artists want done in their name, and many see that as being damaging to creative industries." 20 January 2009) press release by APRA "Attack on Copyright Laws Refuted" The suggestion that the new legislation was "draconian" or presumed simple "guilt by accusation" is ridiculous. It is a continued attack on our songwriters whose ability to make a living from their music has already been compromised by widespread illegal file sharing on the internet by those who believe it everything should be free and by the internet companies that profit from it. .... Music has real economic value and our music writers deserve food on the table and a roof over their head. We know some people want everything for free but the vast majority of songwriters expect and deserve to be paid" "Without such provisions every legitimate business model involving creative content on the internet is threatened" says Healey 21 January 2009) press release by Creative Freedom Foundation Response to APRAs Statements on the Creative Freedom Foundation No one is seriously saying that "everything should be free" - especially not the Creative Freedom Foundation. APRA appears to be arguing a black and white case - that you are either for this law, or believe that "everything should be free". This stance is both ill-informed and absurd. S92A requires ISPs to act upon accusations of copyright infringement and to punish with internet disconnection before a trial and before the evidence has been held up to court scrutiny. 21 January 2009) press release by ISPANZ "Copyright issue: Select Committee got it right - Section 92A must be stopped" ISPANZ notes that the Select Committee considering the original Bill, which was chaired by Hon Gerry Brownlee, rejected this approach, but the previous Government reinserted the clauses in a last minute action, making New Zealand a guinea pig for experimental cyberlaw. Baddeley says ISPs are being placed in a terrible position “Under Section 92A We’ll be damned if we do and damned if we don't. We'll be faced with dealing with an accusation, not proven, of a copyright infringement and making a very difficult judgment call. If we decide in favour of our customers, we risk being sued by global media powerhouses. If we decide in favour of the rightsholder and disconnect a customer from the Internet, we risk being sued by customers for breach of contract. Disconnecting customers goes against everything we do."

More information

Other related posts:
Draconian copyright law: Section 92 a SCRAPPED
Section 92 - Public Demonstration
will new zealand extend copyright to 80 years after artist death?

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Wally (Brenda) 
Te Whanganui O Tara
New Zealand