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Most of the posters in this thread are just like chimpanzees on MDMA, full of feelings of bonhomie, joy, and optimism. Fred99 8/4/21
Anything I say is the ramblings of an ill informed, opinionated so-and-so, and not representative of any of my past, present or future employers, and is also probably best disregarded.
Yabanize: This really needed to go to court. Why did no one have the guts to at least attempt to fight them.
It's not fair on us
sbiddle:Yabanize: This really needed to go to court. Why did no one have the guts to at least attempt to fight them.
It's not fair on us
Who's going to pay the bill? Going to court could well up with legal bills well into the 7 figures and *if* the case was lost damages would be awarded which could be fairly significant.
Everybody wants cheap internet. You can't have cheap internet with virtually no margin for providers and expect them to front up with millions for a court case. Business these days is also about managing risk, and any risk management person looking at the situation would certainly have some very strong views on the issue.
Yabanize:sbiddle:Yabanize: This really needed to go to court. Why did no one have the guts to at least attempt to fight them.
It's not fair on us
Who's going to pay the bill? Going to court could well up with legal bills well into the 7 figures and *if* the case was lost damages would be awarded which could be fairly significant.
Everybody wants cheap internet. You can't have cheap internet with virtually no margin for providers and expect them to front up with millions for a court case. Business these days is also about managing risk, and any risk management person looking at the situation would certainly have some very strong views on the issue.
Would they have to spend much? There is no New Zealand law that says global mode is illegal. In fact the law says the opposite.
If it is illegal then NZ Post will have to stop doing YouShop
Realistically it does show an issue with modern copyright - the onus is no longer on the accuser to prove that the accused is in the wrong, but on the accused to defend themselves from the allegations of the accuser, or face penalties.
Anything I say is the ramblings of an ill informed, opinionated so-and-so, and not representative of any of my past, present or future employers, and is also probably best disregarded.
Yabanize:
Would they have to spend much? There is no New Zealand law that says global mode is illegal. In fact the law says the opposite.
If it is illegal then NZ Post will have to stop doing YouShop
sbiddle:Yabanize:
Would they have to spend much? There is no New Zealand law that says global mode is illegal. In fact the law says the opposite.
If it is illegal then NZ Post will have to stop doing YouShop
The law does not say global mode is legal.
I'm of the view it is, but if your belief is that the law explicitly says that it's legal you're misinformed. If anything the law and existing case law makes it very clear that it is not, hence the whole reason this was going to court in the first place. I've actually spent quite some time discussing this issue with somebody who's involved with it and it's safe to say it's by no means a straight forward case.
YouShop is very, very, very different to Global mode - and besides once TPP comes into play there could be some potential issues raised with that as well.
Yabanize:
Which piece of legislation says it is illegal?
sbiddle:Yabanize:
Which piece of legislation says it is illegal?
There is nothing specific but section 16 will answer most of your questions.
Which piece of legislation says it's legal? And don't just answer the parallel importing bit, because that in itself is part of the problem when looked at in conjunction with section 16, particularly 16(1)(b)
for the avoidance of doubt, does not include a process, treatment, mechanism, device, or system to the extent that, in the normal course of operation, it only controls any access to a work for non-infringing purposes (for example, it does not include a process, treatment, mechanism, device, or system to the extent that it controls geographic market segmentation by preventing the playback in New Zealand of a non-infringing copy of a work)
Yabanize:
Would they have to spend much? There is no New Zealand law that says global mode is illegal. In fact the law says the opposite.
If it is illegal then NZ Post will have to stop doing YouShop
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