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"Seven out of ten (72%) UK music consumers would stop illegally downloading if told to do so by their ISP. (Entertainment Media Research, 2008)"
Q: Must the notice of infringement be in any particular form or contain specific information?
A: No, the notice of infringement needs to only provide the ISP with sufficient information for it to become aware that the material in question infringes copyright. In order to make it simpler for copyright owners to prepare a notice of infringement, a template for the notice will be prescribed in Regulations to the Copyright Act.
rossmnz: how will NZ punish external agencies such as the RIAA?
It wont/cant happen.
pistolpower: So to anyone who has or is going to say that p2p is harming people you can just not say it ok. Because it is harming the likes or RIAA more than it is the artists. And the likes of the RIAA are harming the artists more than p2p piracy. So why dont you pull your hands out of your ears and say something about those RIAA greedy corporates. How can you be complaining about pricay when the real issue is the RIAA who are stealing almost x10 the ammount of money that would be deprived from the artists if I pirate a song instead of buying it.
pistolpower: If it is in a cd I can not legally format shift it to my pc.
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The Creative Freedom Foundation announced today that thousands of artists have signed their petition against the removal of New Zealander’s rights through changes in copyright law, purportedly done in the name of protecting artists and creativity. The foundation say that Sections 92A and 92C of the Copyright Amendment Act presume Guilt Upon Accusation – cutting off internet connections and websites based on accusations of Copyright infringement, without a trial and without evidence being held to court scrutiny.
Foundation Co-Founder and Director, Bronwyn Holloway-Smith says:
“While copyright infringement is a problem for artists, our petition shows that thousands of artists think that it is a greater problem for people not to get a trial. Treating fans as guilty until proven innocent isn’t what artists want done in their name, and many see that as being damaging to creative industries.”
On 28 February 2009 Section 92A will come into effect in New Zealand if there is no positive action on the part of the Government to change it. Although there have been recent reports that it may be reconsidered, there is still a high chance it may “roll over” in to law unless there is increased public protest against it.
The Creative Freedom Foundation have announced they are disappointed to see that RIANZ and APRA are continuing to push for the Guilt Upon Accusation law Section 92A, considering it’s reversal of the presumption of innocence and recent research showing that innocent people can easily be framed.
APRA member and Wellington musician Phil Brownlee says:
“As an APRA member, the thing that really strikes me about their public position is that it’s not based on consultation with actual members (Or, if it was, not all of them.) It disturbs me that APRA seem to be uncritically repeating the (arguably fallacious) arguments of the big international publishers, which, from my point of view, are based on flawed understandings of the technological and social changes we’re in the middle of.”
Another APRA member, Anthony Milas, says:
“This law is poorly written and poorly thought-out in such ways that could lead to abuse of the basic human rights of ordinary individuals. If anything the public backlash sure to result from such a situation will make it even more difficult to educate the public and convince lawmakers of the necessity of sensible laws to protect creators rights.”
In a public talk last week Bronwyn Holloway-Smith repeated that the result of this law could be that one rogue employee or even one virus infected computer could bring down a whole organisation’s internet and it’s highly likely that schools, businesses, libraries, and phone services will be harmed by this.
Last week, in a letter to Government, the New Zealand Library Association (LIANZA) called for Section 92A to be repealed, stating that the law implies “that ISPs will be required to act on accusations of illegal access of copyright materials by users (thereby reversing the legal principle that a person or organisation is deemed innocent until proved guilty)”, further stating that it could cause “the organisation (e.g. council, university, school, etc) to which the library is attached to lose all Internet access.”
With thousands of people now speaking out against Section 92A – including artists, libraries, and the IT community – the Creative Freedom Foundation urges the government to repeal the law before it comes into effect on February 28th.
The petition can be signed by artists and the wider public at http://creativefreedom.org.nz
ENDS
This is a press release from the ISPANZ:
Section 92A must be stoppedThe Internet Service Providers Association (ISPANZ) respectfully requests that the Government not bring into force Section 92A of the Copyright Act on February 28. Section 92A is poorly constructed law designed to force ISPs to cut off the Internet access of those accused of repeat infringement of Copyright.
ISPANZ notes that the Select Committee considering the original Bill, which was chaired by Hon Gerry Brownlee, rejected this approach, but the previous Government reinserted the clauses in a last minute action, making New Zealand a guinea pig for experimental cyberlaw.
ISPANZ President Jamie Baddeley says the Select Committee got it right and the new Government still has a chance to take corrective action.
“If Section 92A is allowed to come in, ISPs will have to disconnect organisations such as businesses, public libraries, government agencies etc as a result of accusations that an employee has used their computers for illegal downloading. The customer may be innocent, there may be an error, or the downloading may well have been done by a virus. Everyday Kiwis with a computer that has been inadvertently hacked may have their Internet access terminated.
"This law needs to go back to the drawing board, with Government re-examining the issue and finding a better path forward. ISPANZ would be happy to work with Government agencies and rightsholders to explore better options in the same open and progressive manner in which it has approached the Telecommmunications Carriers Forum Copyright Working Party,” says Baddeley.
ISPANZ notes with concern rightsholders’ claim that 60-80 percent of all Internet traffic is peer-to-peer sharing of copyright infringing files. What needs to be recognised here is that unless rightsholders can 100% guarantee that accusation equals guilt then businesses (who produce little or no peer-to-peer traffic) are at risk of being taken down through a wrongful accusation. ISPANZ believes the rightsholders need to qualify their claims about businesses and their use of the Internet.
Baddeley says ISPs are being placed in a terrible position: “Under Section 92A We’ll be damned if we do and damned if we don't. We'll be faced with dealing with an accusation, not proven, of a copyright infringement and making a very difficult judgment call. If we decide in favour of our customers, we risk being sued by global media powerhouses. If we decide in favour of the rightsholder and disconnect a customer from the Internet, we risk being sued by customers for breach of contract. Disconnecting customers goes against everything we do."Baddeley notes support on this issue from every major ICT group in the country, including the Telecommunication Carriers’ Forum, The NZ Computer Society, The Telecommunications Users Association of New Zealand, InternetNZ, and others. Other groups, including a group of artists, have also come out against Section 92A.
Anti social and economic developmentBaddeley says draconian laws to disconnect Internet access also go against what New Zealand has been doing in respect to broadband, social connectivity, and economic development.
"Over the last decade or more we've seen excellent progress in connecting the average person with their friends, family and business associates around the world in a way that is better than before. And businesses have had major increases in productivity by having more accessible ICT tools.”
A lot of the progress made towards a level, more competitive playing field in the telecommunications market is also in danger of being undermined.
"The worrying thing, as we've seen in Australia, is that it’s not the ISPs that carry the bulk of the market that are targeted by copyright holders. It is smaller, more innovative ISPs, who are ill equipped to deal with a major legal battle. It is those innovators that ISPANZ largely comprises of - ISPs who make real progress for their customers. If the smaller ISPs go out of business due to Section 92a, that undoes progress made from a policy perspective."
ISPs are pro-copyrightISPANZ recognises the benefits of copyright. Many of its members’ customers rely on copyright for their livelihoods. However, ISPANZ has serious concerns whether Section 92a can play a part in protecting it.
"On the one hand we're being asked to enable an economy through global networking and ICT efficiency, and on the other hand we're being asked to stop that connectivity by accusation alone, in order to try to solve another industry’s problem with how they make money off their Copyright franchises.”
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freitasm:This is a press release from the ISPANZ:
Well done those guys! A well crafted argument indeed.
Tuesday 20 January 2009
FOR IMMEDIATE RELEASE
Attack on Copyright Laws Refuted
Recent attacks on New Zealand's new copyright laws are mischievous and ill-advised.
APRA's Director of NZ Operations, Anthony Healey says, "The suggestion that the new legislation was "draconian" or presumed simple "guilt by accusation" is ridiculous. It is a continued attack on our songwriters whose ability to make a living from their music has already been compromised by widespread illegal file sharing on the internet by those who believe it everything should be free and by the internet companies that profit from it".
S92A requires ISPs to develop a code to deal with repeat copyright infringers.
"Without such provisions every legitimate business model involving creative content on the internet is threatened" says Healey
APRA Board member, songwriter Arthur Baysting adds: "The scaremongering by the so-called Creative Freedom Foundation and the NZ Library Association is bizarre. APRA NZ has 6000 members, all of them songwriters. Music has real economic value and our music writers deserve food on the table and a roof over their head. We know some people want everything for free but the vast majority of songwriters expect and deserve to be paid".
Anthony Healey explains, "S92A is just one of a raft of changes made to the Copyright Act last year. In the changes were wins and losses for creators, consumers and telecommunication companies - reflecting the balancing act between all the competing interests. Legislators understand that ISPs profit from such traffic and have some obligation in dealing with a difficult situation".
Healey continues "Currently APRA, RIANZ and other industry bodies are working with ISP’s to develop a code of practice. It will ensure that any policy dealing with infringers is reasonable and effective. The current campaign by the internet users’ community is premature and not helpful to the process".
pistolpower: Now the way the music is sold to me is pathetic. If it is in a cd I can not legally format shift it to my pc. If brought on the pc it is in poor formats like itunes and or is full of drm. And regardless most of the money goes to people other than the artists who allready dont want and care about my money. So why would I buy a useless product, support the RIAA and pay for a song when the money wont get to the artist. And I have no sympathy to the RIAA who had earlier been found and charged of price fixing in the courts in ammerica. The RIAA sue students in america and wreck their lifes. They rip the artists of then try and say that by not supporting the RIAA and buying the cd that innocent millionaire musicians are struggling. They pay companys like media defender to attack piracy in illegal ways. We have companies like sonny installing rootkits and hacking your pc when you copied their music, they then lied when they where caught and said they removed them, only to be found out to have just been updating it.
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