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BDFL - Memuneh
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Topic # 6651 11-Feb-2006 22:32
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Just posted this in another thread, and decided to open it here for discussion:

Copyright Protection in New Zealand.

"There are a number of exceptions to the rights outlined in the Act. These are called "permitted acts". These reflect instances where Parliament has determined that the wider public interest, or the interests of particular groups, makes it necessary to restrict or limit the rights granted to copyright owners.

Permitted acts include:

"fair dealing" - for the purposes of criticism, review, news reporting, research or private study;
limited copying or dealing in the work for particular educational purposes;
limited copying or dealing in the work by librarians or archivists in specific circumstances;
exceptions in respect of certain activities by the Crown;
copying for the purposes of making copies that are in Braille;
subject to certain conditions, the making of a back-up copy of a computer program; and
recording a television programme for the purpose of making a complaint or for "time shifting" purposes so that a programme can be watched at a more convenient time.
There is no general exception to copyright infringement for private of domestic copying, including "format shifting", of legitimately purchased recordings from one medium to another to allow playing or viewing via other devices.
"

Proposed changes and views in the NZ Copyright Law.





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Ultimate Geek
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Reply # 28233 11-Feb-2006 22:53
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I think we all know we shouldnt but we do, I not saying I support copying cd's / dvd's and there are artists and musos that are trying to make money etc.

The internet is draw card and we all know you can find what you want when you want for free.

What can the goverment do to enforce copyright laws make ISP's report your web traffic, url's ip addresses to some govt watchdog.

DNS spoofing, dummy web servers etc etc easy to hide or drive around the block hide in the bushes and connect to someones phone line and highjack there internet connection there will always be ways that you can connect without being montored.

I think we should be allowed to do as we wish for personal purposes (not resell or place on the internet etc) but to backup and burn a copy so we dont damage the origanal or to backup to our harddrive.

I in fact often have got a mp3 that I have liked and actually gone out and brought a retail version and I still buy dvd's

This post is going to draw a lot of comments perhaps you can add a pole to it?




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Reply # 28249 12-Feb-2006 11:41

can you elaborate on the rules about copying software for a backup

 
 
 
 




BDFL - Memuneh
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Reply # 28260 12-Feb-2006 15:47
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Sorry, I can't - you will need a laywer for this or get the appropriate text from the MED to interpret.

Don't ask the MED because I think they will probably say "contact your lawyer". Government entities are not allowed to give interpretations of the law.

Any advice taken on legal topics from a board on the Internet is most likely to be worth nothing in a court of law.






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Reply # 28266 12-Feb-2006 20:50
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Mauricio: You said that all ipods/mp3 players etc in use in NZ would be breaking the law due to not allowing format shifting (or words to that effect), but dont forget there are many free (legal) music downloads available, and many musicians/artists even here in NZ that dont place these restrictions on their music....


Not everyones a pirate :-)




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BDFL - Memuneh
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Reply # 28268 12-Feb-2006 20:57
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True, true... Everyone that is doing media-shift then. Any legal download or legal transfer is ok (there are some CDs with Commons License that allow copies to be made).





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Reply # 28273 13-Feb-2006 06:48
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Disenchanted: Mauricio: You said that all ipods/mp3 players etc in use in NZ would be breaking the law due to not allowing format shifting (or words to that effect), but dont forget there are many free (legal) music downloads available, and many musicians/artists even here in NZ that dont place these restrictions on their music....


Not everyones a pirate :-)


I would say that 99% of people using iPods however are breaking the law. CokeTunes won't work with one (WMA only) and the other music stores that do support mp3's make up a small % of total downloads. Most people also have no concept of format shifting being illegal and would ever pay to download a song they already have on CD.





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Reply # 28276 13-Feb-2006 07:57
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The main problem is that for most people, as pointed by sbiddle, the concept of "licensing" the music does not exist.

As far as most are concerned, when they go to a store and purchase a CD that's the end of the story. They know (or have the idea) that they should not copy the contents for profit, but there's no such a thing "copying to my mp3 player is not allowed under the license", or "I am just giving a copy to a friend, I am not selling it".

Although the second is objectionable, the first (media shift) should be something contemplated in the license and explained. This is an old problem - since the introduction of the K7 tape that made home recording popular people have been moving content from one medium to another, to make it easier to play their favourite tunes elsewhere.







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Reply # 28359 13-Feb-2006 22:07
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it's quite funny, Ipods are actually illegal to use, only one site I know of is "legal" to use them with

1
Copying a CD into itunes is illegal
2
The music store is not available in NZ
3
downloading legitimate MP3's from the net is legal but only www.amplifier.co.nz or any other sites that offers downloads in mp3 format is legal.

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