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213 posts

Master Geek


  Reply # 168051 30-Sep-2008 16:52
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Hey Penultimatehop, this InternetNZ seems a very sensible organization, are u part of it? These submissions make a lot of sense and I hope they can have the desired effect.




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  Reply # 168069 30-Sep-2008 17:29
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attilathegorilla: Hey Penultimatehop, this InternetNZ seems a very sensible organization, are u part of it? These submissions make a lot of sense and I hope they can have the desired effect.


This is totally OT - my apologies to TalkieT!



Yes, I am a member of INZ. Anyone can join although there is a small membership fee per year. More information can be found here: http://www.internetnz.net.nz/membership/join



(I hope this is OK to post here)

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Reply # 168070 30-Sep-2008 17:36
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attilathegorilla: I wonder why NZ and Aussie have tougher copyright laws than the home of Hollywood.


Ask your MP. Seriously though here goes an example. I attended the TVNZ7/InternetNZ debate live on studio. Maurice Morrinson was asked why you can format-shift music from your CD to a media player, but the current law says you cannot format-shift your DVD to a media player.

His answer "I don't know. I don't know why I voted it".

Simply put, the copyright law affects everyone. But people had the opportunity to submit their comments - directly or through associations such as InternetNZ and they didn't.

Dura Lex, Sed Lex. In other words, the law is though, but it is the law. It is easier to prevent a law being made than to change one after it's been approved.

People need to engage more before things like this happen.




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  Reply # 168078 30-Sep-2008 18:21
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freitasm: Ask your MP. Seriously though here goes an example. I attended the TVNZ7/InternetNZ debate live on studio. Willian Morrinson was asked why you can format-shift music from your CD to a media player, but the current law says you cannot format-shift your DVD to a media player.

His answer "I don't know. I don't know why I voted it".

Wow... are MP names that hard? Laughing

Maurice Williamson of the National Party representing Pakuranga (the electorate next to ours)

But that moment was one of the best out of the whole debate - waving the iPhone there...




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  Reply # 168105 30-Sep-2008 19:28
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manhinli:
freitasm: Ask your MP. Seriously though here goes an example. I attended the TVNZ7/InternetNZ debate live on studio. Willian Morrinson was asked why you can format-shift music from your CD to a media player, but the current law says you cannot format-shift your DVD to a media player.

His answer "I don't know. I don't know why I voted it".

Wow... are MP names that hard? Laughing

Maurice Williamson of the National Party representing Pakuranga (the electorate next to ours)

But that moment was one of the best out of the whole debate - waving the iPhone there...


I didn't pay attention to the name when replying.




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Master Geek


Reply # 168111 30-Sep-2008 19:34
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You must have been busy banging your head against the wall.




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Reply # 168112 30-Sep-2008 19:37
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I was busy and still am. A lot of people have been posting here about the New Zealand copyright law, which you seem to have ignored as a fact until now. Also about the viability and economics of implementing a solution such as the one you proposed.

So yes, I could only bang my head to the wall.




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  Reply # 168468 1-Oct-2008 21:39
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freitasm:

Also ISP are exempt of these rules when it comes to cache, but any permanent storage is controlled.



That's an interesting exemption but it sounds somewhat like a grey area.

What if users request some object which hasn't changed for awhile from the cache but on a daily basis so that it never leaves the cache.. does that qualify as permanent storage?

I think ISP's should be looking at the torrent caching systems/appliances out there because it could seriously alleviate international performance problems for regular users and bandwidth costs for ISP's.  Bit Torrent has had a cache discovery protocol since 2006 however ISP's are presumably too scared to install such cache servers due to the risk of legal action.

It's a strange situation because ISP's can't provide a solid proven engineering solution (caching) to a problem effecting legitimate users because of policitical and legal pressure by media bodies.  Forcing the overhead and the responsibility of being the "internet police" onto ISP's is not going to be a viable solution to the problem in the long run.

So to me it's interesting would a torrent caching server at an ISP be allowed under this new legistration?




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Reply # 168912 3-Oct-2008 21:24
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Folks, I've received this press release today:


Associate Commerce Minister Judith Tizard has announced that recent amendments to copyright legislation will soon come into force.  The amendments update New Zealand’s copyright law to reflect current advances in digital technology.  


“The Copyright (New Technologies) Amendment Act 2008 will ensure our copyright laws keep up to speed with the dynamic nature of digital technology,” Judith Tizard said.


The new copyright provisions are part of the Labour-led government’s goal of promoting innovation, creativity and economic growth.  The amendments support the needs of business by improving clarity and certainty over the scope and enforcement of intellectual property rights. 


“A robust, up to date intellectual property rights regime is an essential part of an innovative, growing economy,” said Judith Tizard.


"This Act helps protect the intellectual property of creative workers in the face of changing technology, so that both creators and viewers of cultural products can all go on enjoying these things that enrich our lives."


"It's about ensuring that New Zealand music and movies can keep being made.  We recognise that some people (wrongly) believe that all music, movies and games are 'free' on the internet. This illegal downloading is really damaging to our creative industries," said the Minister.


Section 92A of the Act contains a requirement for internet service providers to have, and reasonably implement, a policy for termination of accounts of repeat copyright infringers in appropriate circumstances.


The Minister said that the Act will come into force as a whole on 31 October 2008 with the exception of section 92A which comes into force on 28 February 2009.  


Judith Tizard said the reason for the delay to section 92A is to enable rights holders and internet service providers (ISPs) time to reach agreement on how it can be effectively implemented. 


Judith Tizard and Communications and Information Technology Minister, David Cunliffe, will meet with ICT industry representatives next week to discuss issues associated with the policy’s implementation.


Key Provisions in the Act

Definitions
• It amends and replaces existing terms to create a technology neutral framework
• It creates a technology-neutral right of communication to the public by extending what constitutes a communication.
• Technology-specific terms such as broadcasting and cable programme service are replaced with technology-neutral terms such as communicate and communication work.

Internet Service Providers (ISPs)
• It clarifies the liability of Internet Service Providers "ISPs" when it comes to copyright infringement.
• It introduces a limited exception from copyright infringement where the ISP merely provides the physical facilities to enable a communication to take place.
• It provides that there is no liability for an ISP when storing and caching infringing copyright material when it deletes or prevents access to infringing material as soon as possible after it becomes aware that the material is likely to infringe copyright. To facilitate ISPs becoming aware of infringing material, regulations outline what information is to be provided when a notice of infringement is submitted to ISPs.

Fair Dealing Exceptions
• It updates the existing permitted acts for fair dealing and educational establishments, libraries and archives.
• Educational establishments, libraries and archives can create and store digital copies of works on the Internet or other electronic retrieval systems, provided certain conditions are met.
• It provides a new limited exception to copyright infringement for Educational Resource Suppliers under certain conditions. This will help schools to make greater use of audio visual copyright material without infringing copyright.


Format Shifting
• It provides a format shifting exception for copying sound recordings for personal use or the personal use of their household provided certain conditions are met. This exception for format shifting of sound recordings aligns the law with the public's needs for listening to music, although it still takes into account the protection afforded by copyright to the copyright owner.
• Two key conditions to the format shifting exception is that the original purchaser must not make more than one copy for use on each device owned and the purchaser must retain both the original version of the sound recording purchased and the copy made. This provision does not legitimize copying of CDs for friends or online file-sharing, both these actions remain an infringement of copyright.


Computer Programme Exceptions
• It provides new limited exceptions for decompilation or adaptation of computer programs under certain conditions.
• It provides that a lawful user of a computer program does not infringe copyright in it by observing, studying or testing the functions of the program in order to determine the ideas and principles that underlie the program.

Technological  Protection Measures (TPMs)
• Copyright owners are increasingly using technological protection measures "TPM's" as a practical means to protect their copyright and to develop new business models for the dissemination of their material in the digital environment.
• The previous Act allows copyright owners to take action against a person who supplies or manufactures devices, means or information specifically designed to circumvent copy-protection and which are intended to be used to make infringing copies of copyright works.
• The Amended Act will give more comprehensive protection to TPMs in response to the increased risk of copyright piracy by giving copyright owners the ability to take action in respect of devices, means or information where circumvention could enable the infringement of all the copyright owners’ exclusive rights, and not just copying (e.g. webcasting).
• It introduces criminal offence provisions in limited circumstances where circumvention of a TPM is for large-scale commercial dealing in copyright material.
• It introduces new provisions to enable the actual exercise of permitted acts where TPMs have been applied.





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  Reply # 169882 8-Oct-2008 15:26
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I love the quote in the blog comments "Tizard is divoced from reality"

213 posts

Master Geek


  Reply # 169900 8-Oct-2008 16:10
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They`re trying to `protect the livelihood of NZ artists`. I`m rolling on the floor laughing. Somebody remind these clowns we live in a globalized world. If your target audience is South Auckland, then don`t give up your day job.




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Ultimate Geek
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  Reply # 170064 9-Oct-2008 09:19
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This is an interesting piece of text, but I wonder if it will actually do what it is intended for.




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Geek


  Reply # 170331 10-Oct-2008 07:28
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Since someone closed the other thread.... Looks like due to personal insults. :(

Wow! What a night! An average of 10kB/s on torrent for the last off peak peroid, and so slow I can't even load speedtest.net to run a test. We need to work together and complain, I think I have to take it higher up as it seems the help desk doesn't care. 

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  Reply # 170335 10-Oct-2008 07:57
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slayer123: Since someone closed the other thread.... Looks like due to personal insults. :(

Wow! What a night! An average of 10kB/s on torrent for the last off peak peroid, and so slow I can't even load speedtest.net to run a test. We need to work together and complain, I think I have to take it higher up as it seems the help desk doesn't care. 


Nothing is forcing you to stay with Xnet. If you are unhappy with the service then there are plenty of other ISP's out there and changing is as simple as a phonecall and changing a username and password in your router.

Why stay with with a company if you believe they are providing you with poor service? If you felt you were recieving poor service from your local dairy and there was another option available right next door then why stay supporting a the business that you believe isn't supporting you?

Torrent traffic is a worldwide issue affecting every ISP and the reason people worldwide are all complaining about speeds and ISP's everywhere are introducing data caps in markets such as the USA which have traditionally been flat rate. Torrent traffic is going to kill the internet long before the lack of IPV4 addresses does! :-)


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