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Forums › Off topic › DMCA to New Zealand? I HOPE NOT!
Noviota

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#10727 7-Dec-2006 08:09
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This is really just a bit of link spam. But for those who don't read Boing Boing.. Perhaps you should visit http://www.boingboing.net/2006/12/06/new_zealand_to_get_t.html

[Moderator edit (MF): hyperlinked]

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juha
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  #54889 7-Dec-2006 08:47
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The prison sentences of up to five years and fines of up to $150,000 for removing DRM or passing on information about it would be according to the draft of the Act apply when there's "commercial dealing" involved. However, it's not clear what will happen to individuals who flout these provisions:


amend the provision relating to technological protection measures---

o so that the prohibition against the making, importing, hiring, and
selling of devices, services, or information designed to circumvent
"copy protection" be expanded to cover devices, services, or
information that circumvent technological protection measures that
protect all rights provided to copyright owners (including
communication, not just copying);


In a "non-commercial" situation. Minister Tizard's draft bill says:


The focus of section 226 will continue to be on the link between circumvention
and copyright infringement, and on the making, sale, and hire of devices or
information rather than on actual circumvention. While actual circumvention may
not be prohibited, any unauthorised use of the material that is facilitated by
circumvention will continue to be an infringement of copyright. Consumers
should, however, be able to make use of materials under the permitted acts or
view or execute a non-infringing copy of a work. This is consistent with New
Zealand's position on parallel importation of legitimate goods, for example,
genuine DVDs, from other jurisdictions. New provisions are introduced to enable
actual exercise of permitted acts where TPMs have been applied.


"TPMs" in this context aren't Trusted Platform Modules as per the Intel/Microsoft specification, but "technological protection measures"




Juha 



Ben

Ben
317 posts

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Vend

  #54916 7-Dec-2006 11:57
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Haha I blogged this before reading the forums.  Doh!

Regardless of the exact consequences, it is a bit of a departure from previous directions and quite a suprising shift.  There are certainly some indications that the government doesn't intend it to be quite as heavy-handed as the DMCA, but I'm positive there will be some things that get caught up unintentionally (e.g. allowing circumventions for eBooks for blind readers in the latest round of DMCA exceptions).

juha
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  #54918 7-Dec-2006 12:08
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It would appear to make things like "region free" DVD utilities illegal... Frown




Juha 

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