Whoa check this: New Zealand copyright law changes

Send this email to you local mp. (ITS MADE FOR A NATIONAL MP)

Hi XXXX,

Im not sure if you are aware of this but I and many others are concerned at what the proposals are for "Copyright (New Technologies) Amendment Act 2008" in particular section 92A which is due to come into law in Feb 09.
It states:"Internet service provider must have policy for terminating accounts of repeat infringers
(1) An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.
(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner."
With The RIANZ lobbying to get this passed it is scary to think of the potential implications for NORMAL New Zealanders in which they could be removed of there internet connection without any proof and labeled pirates, something I think is totally unreasonable and destructive. Ie From February 2009 section 92a of the act will take effect. It will force ISP's to disconnect your service if there is reason to believe you are breaking the law by trading in copyrighted material. There is no burden of proof - if somebody you dislike complains to your ISP that you downloaded a song illegal you will get cut off. You are guilty. There is no jury.
"A position understandable with the recent bad press given to copyright infringement allegations in the US, both in studies, and the courtroom. Countering him was the CEO of the NZ Recording Industry Association, telling Stuff that proving the guilt of infringers in a court of law, before any penalty is dealt out would be “impractical and ridiculous”, a sentiment also shared by his American counterparts."
Please appose this change! National wants to create a strongly connected new zealand (its policy) and therefore should raise the awareness of this particular bill, It could become another useful election card to pull.
It's a real shame that some washed up minister who won't be around in the next Parliament has the power to introduce such a law that in all reality will have innocent vistims being unable to have an internet connection and ISP's breaking the law for failing to provent people from downloading copyrighted material (exactly how they are supposed to do this is anybody's guess).
Turn this into an election issue.
Some Useful articles for further reading.
http://www.stuff.co.nz/stuff/4725572a28.html
http://torrentfreak.com/kiwi-3-strikes-law-081017/
http://it.gen.nz/2008/10/07/ministers-why-we-changed-the-copyright-act/#comment-1090
http://www.geekzone.co.nz/sbiddle/5842
Regards XXXXXX (A voting member of your electorate)

davidcole

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#172076 19-Oct-2008 14:54

if you're seriously sending that to an MP, you might want to sort out some of the grammatical errors - "there" instead of "they're"

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sleemanj

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#172090 19-Oct-2008 16:36

dawnraid: Send this email to you local mp. (ITS MADE FOR A NATIONAL MP)

Due respect, because you do sound like a young fella who is taking an interest in politics and that is to be applauded; but, I'm not sure that National would be the ones to oppose this legislation at all.

National are traditionally rather pro business infact that could largely be seen as the main difference between National and Labour (pro business National vs. pro social Labour), copyright and other intellectual property laws are very much pro business, ergo,National would well be expected to support at least the principle of such legislation.

---
James Sleeman
I sell lots of stuff for electronic enthusiasts...

sbiddle

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#172112 19-Oct-2008 18:49

Maurice Williamson has also made his opinion on the bill very clear. He opposes section 92A yet voted for the Copyright Act changes. IMHO voting for the bill (with it's flaws) shows you agree with it. If you don't agree with the bill you should't be voting yes to it.

linw

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#172130 19-Oct-2008 20:32

Perhaps this is why so many ISP's are putting off trying to remedy the International bottlenecks in the evenings? Bandwidth may not be in short supply soon! Oh, I forgot, the bandwidth hogging of torrenters is for legal Linux distros

raytaylor

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#172579 21-Oct-2008 18:12

Hmmm.

I am waiting for someone under the age of 18 that I know of to be disconnected because of this law.
If you are under 18, and the ISP is ok with it, you can sign up for an internet account.

The United Nations Convention on the Rights of the Child which New Zealand has signed has an article which specifically relates to the no-trial or no-jury part of this law.

Article 37 paragraph D
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority and to a prompt decision on any such action.

In this case liberty refers to Freedom from unjust or undue governmental control

Do we really want to break a united nations convention?

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manhinli

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#172583 21-Oct-2008 18:27

raytaylor:
Hmmm.

I am waiting for someone under the age of 18 that I know of to be disconnected because of this law.
If you are under 18, and the ISP is ok with it, you can sign up for an internet account.

The United Nations Convention on the Rights of the Child which New Zealand has signed has an article which specifically relates to the no-trial or no-jury part of this law.

Article 37 paragraph D
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority and to a prompt decision on any such action.

In this case liberty refers to Freedom from unjust or undue governmental control

Do we really want to break a united nations convention?

Hmm.

I'm under 18, though my Internet account is actually under my parents.

Pretty sure that ISPs would have a clause saying that you must be over 18 to get broadband? Otherwise, then everyone could just put accounts under the name of their child(ren) and probably use that as legal defense.

TelstraClear states this in their residential services T&Cs... have yet to find any other ones yet:

12. Your account
...

You may nominate a representative (who must be over 18 years) to have access to your account information and to make changes to your account, such as cancelling or adding on services. If you do this, you will still be responsible for paying for all the services that we provide to you.

But then... you could always go online using an Internet cafe, library, hotspot etc, which isn't totally depriving all access to the Internet.

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webup

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#172673 22-Oct-2008 08:00

Wow thats some scary changes!

gehenna

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#172688 22-Oct-2008 08:34

If there were good quality alternatives to the reasons people do a lot of copyright infringing downloading, then i'm sure most people would use them. I stopped p2p-ing music when iTunes arrived in NZ, same goes with movies since both iTunes and services like Movieshack.

Once this comes into effect (God forbid!) I think we'll see a lot more of the older style piracy that has been virtually eradicated: old fashioned copying of cd's and dvd's. I mean how is anyone supposed to police that? This is yet another false solution to a problem that only exists because of antiquated and broken copyright laws.

chiefie

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#172703 22-Oct-2008 09:56

linw: ... Oh, I forgot, the bandwidth hogging of torrenters is for legal Linux distros

Not to mention, WoW update is at least 3GB, and some reported that the update from fresh vanilla copy could be around 4.5GB. I would hope to see Blizzard make some big changes to their patching system and use delta difference and smart patching instead!

WoW 3.02 update is big enough to class as a whole new game (well it is WotLK update) and to get (more so to activate) WotLK content just need WotLK key.

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dawnraid

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