Section 92A part II

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James Bond

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Topic # 37523 14-Jul-2009 16:17

http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10584429

http://media.nzherald.co.nz/webcontent/document/pdf/Section92AReviewPolicyProp.pdf

You can send in your submission until 5 PM Friday August 7th

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BDFL - Memuneh
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Reply # 235233 14-Jul-2009 16:32

From InternetNZ:

InternetNZ (Internet New Zealand Inc) describes the Government?s proposals to fix Section 92a of the Copyright Act as a mixed bag that tries to combine the benefits of a notice and notice approach with the toxic remains of a termination regime. Also, issues of ISP definition and safe harbour do not appear to have been addressed.

Executive Director Keith Davidson says "The Phase 1 concept of notice and notice would provide useful education and likely result in a significant reduction of copyright infringement, as rights holders have found internationally."

"However, the procedures elevating through Phase 2 and Phase 3 create undue complexities and compliance costs for both ISPs and rights holders."

Davidson says "While the decision to terminate Internet accounts is moved from ISPs and rights holders to the Copyright Tribunal, InternetNZ is disappointed that termination still remains one of the punishments."

"Retaining termination of Internet accounts repeats the mistakes of the previous law and risks another public backlash, as was seen in the blackout campaign in February and March 2009."

"Nobody condones copyright abuse, but the termination of a household or business Internet account is simply out of proportion to the alleged offence."

"The demand for this remedy comes from a subset of the music and movie industries who are pleading for special treatment they do not deserve.

Such pleading has been faced down in France and in the UK and our Government should follow suit. Termination should be off the table."

Davidson says to reduce abuse of copyright, the Government can implement a straightforward notice and notice regime, whereby those alleged to be infringing copyright receive a notice educating them about the problem.

"Overseas experience shows this cuts repeat infringement by around 70%," says Davidson. "This fairly balances copyright rights holder concerns with the public interest in the ongoing development of an open and accessible Internet."

Mauricio Freitas (Geekzone Admin, Devil's Advocate, my blog, technology disclosure)

Lias

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Reply # 235244 14-Jul-2009 16:56

The draft still has way to much power in the hands of the money hungry bastards known as "rights holders". I wonder how long it will take the government to realise that they can fine us, cut us off, whatever they want and nothing will ever restore the outmoded business models of the RIANZ and NZFACT etc.

Information wants to be free.
The Net interprets censorship as damage and routes around it.

freitasm

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Reply # 235250 14-Jul-2009 17:07

Labour has posted its comments here.

Mauricio Freitas (Geekzone Admin, Devil's Advocate, my blog, technology disclosure)

freitasm

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Reply # 235251 14-Jul-2009 17:09

Also, Labout Party PR released now:

Vision needed on copyright - not quick fix

National has missed an opportunity to show some long term vision on the vexed issue of copyright infringements, Labour communications and IT spokesperson Clare Curran said.

"The Governments Section 92A Review Policy Proposal Document released today is a stop gap measure which does not address the underlying issues around copyright infringement," Clare Curran said.

"The review raises more questions than answers and leaves the thorny issue of punitive measures for alleged copyright infringement up in the air. The government has tried to please all stakeholders but is likely to please no one.

"By combining a notice and notice regime with a fines or termination policy and involving a third party, the Copyright Tribunal, the government is attempting to appease rights holders and internet service providers (ISPs).

"A termination policy is unlikely to work. International attempts to introduce similar policies havent worked to date.

"While the involvement of a third party, the Copyright Tribunal, to resolve copyright issues and adjudicate on them is welcome, there is no detail about how this would work.

"It appears that the government has re-written Section 92A by softening its initial thrust, but essentially retaining its ability to terminate a subscribers internet account and transferring the power to do that to a third party, which may or may not be resourced adequately.

"The government has ignored the advice of stakeholders and the Labour Party to take a wider look at the issues.

"Labour believes the intention of law to protect copyright in the digital age should be without negative or unintended consequences.

"There is an enormous opportunity for government to use its powers to aid the development of new institutional structures," Clare Curran said.

"The first big step is commitment to educating the public about why copyright is important. "Simply rewriting Section 92A, resulting in a flood of complaints and alleged infringements and allowing for the ability to cut off the internet account is just short-sighted and a quick-fix measure.

Mauricio Freitas (Geekzone Admin, Devil's Advocate, my blog, technology disclosure)

old3eyes

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Reply # 235299 14-Jul-2009 19:00

Time to pull out my black avatar again. Looks like the entertainment industry has bought this government as well. Wonder how big the campaign contribution was??

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Old3eyes

freitasm

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Reply # 235378 14-Jul-2009 22:19

More important comments at http://coffee.geek.nz/s92a-zombies.html

Mauricio Freitas (Geekzone Admin, Devil's Advocate, my blog, technology disclosure)

freitasm

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Reply # 235379 14-Jul-2009 22:19

The document, directly from the source:

http://www.med.govt.nz/upload/68683/proposal-document.pdf

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freitasm

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Reply # 235380 14-Jul-2009 22:21

http://creativefreedom.org.nz/story.html?id=349

CFF Director, Bronwyn Holloway-Smith states ”It's wonderful that Hon. Simon Power, the Working Group, and MED are ensuring due process around copyright infringement allegations. This proposal is certainly a considerable improvement on its predecessor, and it's great to see an independent tribunal and targeted fines as part of the process.”

"However, there are still some concerns for us. It's unfortunate to see NZ not following international trends by holding on to internet termination as a punishment. As artists, we don't want people's internet taken away to protect our copyright. This is too severe a punishment, and many consider it to be a breach of human rights."

"Internet termination would affect entire businesses, government departments, farms & families and anyone else with a shared internet connection due to the actions of one guilty person or even a virus infected computer. Further, internet access is hugely important in today's society, and a lot of basic services including banking, health records, education and social activities are increasingly delivered online."

"The definition of an Internet Service Provider has also not been addressed, meaning that any shared connection may be considered an ISP. It is also likely that there will be considerable business compliance costs with estimates starting at $1500 per business to install to tracking hardware."

"There also doesn't seem to be any penalty for false accusations."

"While there are a few creases to iron out, we are optimistic that the government is on the right track to creating a great solution for NZ that supports and protects both creative and public rights."

Mauricio Freitas (Geekzone Admin, Devil's Advocate, my blog, technology disclosure)

freitasm

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Reply # 235381 14-Jul-2009 22:22

http://nzoss.org.nz/news/2009/section92a-review-released

Today the Government released a review of Section 92a of the Copyright Act relating to termination of Internet accounts of those that commit copyright infringement. In the original legislation there would have been a notification system in which the subscriber would have little opportunity to object.

The review of this legislation proposes that the Copyright Tribunal be used to adjudicate copyright infringement cases. In addition to having the power to terminate the subscriber’s Internet account they will be able to award damages, injunctions, account of profits and impose fines. The process would also introduce a mediation process in order to give Internet subscribers the opportunity to cease infringement before sanctions are imposed. The review is seeking opinions on the proposal, submissions for which must be returned by August 7th.

Creative Freedom who lead opposition to the original Section 92a have published a brief overview of the release. NBR has also published an article about the review.

Mauricio Freitas (Geekzone Admin, Devil's Advocate, my blog, technology disclosure)

freitasm

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Reply # 235743 15-Jul-2009 16:57

From RIANZ:

RIANZ applauds commitment to creative industries’ rights

The Recording Industry Association of New Zealand is pleased that the government remains committed to protecting the rights of the creative industries.

The s92A review policy proposal document released by the government yesterday clearly provides for a graduated response to piracy with the potential ultimate sanction of internet account termination.

“It is important that the Minister of Commerce recognizes that unlawful file sharing is very costly to our creative industries and that he and this government remain determined to deal with it,” says RIANZ CEO Campbell Smith.

RIANZ is however concerned that the reviewed s92A process is unduly complex and the timeframe too lengthy.

“The proposed procedure could certainly be tighter, clearer and more effective.. RIANZ will prepare a detailed response to the review document and will continue to maintain dialogue with the government and the Ministry of Economic Development,” Smith says.

RIANZ represents the rights of more than 60 local record company and 900 local recording artist members.

Mauricio Freitas (Geekzone Admin, Devil's Advocate, my blog, technology disclosure)

jpollock

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Reply # 235769 15-Jul-2009 18:06

What happened to the First Principles review of copyright we were promised before the election?

I believe that ACT, National and the Greens promised one.

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old3eyes

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Reply # 235793 15-Jul-2009 19:20

That was an election promise. Do you expect them to keep it??

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jpollock

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Reply # 235798 15-Jul-2009 19:29

But, but, it wasn't a tax cut! It was a policy promise!

Bah. Guess we'll have to break out the black again.

They really don't get that once people get angry and start protesting, they're less and less likely to give in.

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Screeb

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Reply # 235799 15-Jul-2009 19:30

freitasm:

Also, Labout Party PR released now:

Vision needed on copyright - not quick fix

National has missed an opportunity to show some long term vision on the vexed issue of copyright infringements, Labour communications and IT spokesperson Clare Curran said.

"The Governments Section 92A Review Policy Proposal Document released today is a stop gap measure which does not address the underlying issues around copyright infringement," Clare Curran said.

"The review raises more questions than answers and leaves the thorny issue of punitive measures for alleged copyright infringement up in the air. The government has tried to please all stakeholders but is likely to please no one.

"By combining a notice and notice regime with a fines or termination policy and involving a third party, the Copyright Tribunal, the government is attempting to appease rights holders and internet service providers (ISPs).

"A termination policy is unlikely to work. International attempts to introduce similar policies havent worked to date.

"While the involvement of a third party, the Copyright Tribunal, to resolve copyright issues and adjudicate on them is welcome, there is no detail about how this would work.

"It appears that the government has re-written Section 92A by softening its initial thrust, but essentially retaining its ability to terminate a subscribers internet account and transferring the power to do that to a third party, which may or may not be resourced adequately.

"The government has ignored the advice of stakeholders and the Labour Party to take a wider look at the issues.

"Labour believes the intention of law to protect copyright in the digital age should be without negative or unintended consequences.

"There is an enormous opportunity for government to use its powers to aid the development of new institutional structures," Clare Curran said.

"The first big step is commitment to educating the public about why copyright is important. "Simply rewriting Section 92A, resulting in a flood of complaints and alleged infringements and allowing for the ability to cut off the internet account is just short-sighted and a quick-fix measure.

This is rich, given Labour were the ones who introduced the law in the first place!

jpollock

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Reply # 235801 15-Jul-2009 19:34

Yeah, and Labour were the ones in the debate who didn't like the idea of a first principles review either.

I guess I don't understand the language politicians use.

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