NZ File-Sharers, Remixers Guilty Upon Accusation 449
An anonymous reader writes "Next month, New Zealand is scheduled to implement Section 92 of the Copyright Amendment Act. The controversial act provides 'Guilt Upon Accusation,' which means that if a file-sharer is simply accused of copyright infringement he/she will be punished with summary Internet disconnection. Unlike most laws, this one has no appeal process and no punishment for false accusation, because they were removed after public consultation. The ISPs are up in arms and now artists are taking a stand for fair copyright."
Re:The solution is easy (Score:5, Informative)
didn't he run British Airways? (Score:3, Informative)
Wikipedia confirms [wikipedia.org], but since being made a life peer in 1983, that's now Baron King to you.
Which of course requires a similarly flippant American comment about how in the UK, "industrial baron" and "robber baron" and so on aren't just figures of speech!
No. Actually it doesn't (Score:2, Informative)
The law is vaguely drafted, but requires ISPs to reasonably implement a disconnection policy. Now, I don't know about you, but since everyone thinks that immediate disconnection upon accusation is not reasonable, this is probably not a reasonable disconnection policy.
Re:yea...great. (Score:3, Informative)
cat <file> | mpg123 -
The actual legalese (Score:4, Informative)
*snip*
Internet service provider liability
92A 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.
*/snip*
Interpret it as you will, I personally don't see it as a "I'm an idiot MPAA lawyer and I say that whoever was on 123.231.6.250 at 1850hrs NZDT downloaded the latest Britney music video on the youtoobsmachine so therefore he/she/it is guilty!!! Jail for a trillion years!"* like the FUD being bandied about. It's flawed and retarded, sure, but it's not a sign of the apocalypse. Maybe some of the wannabe-faux-lawyers here can decipher it otherwise?
As I read it, the idiots at *AA still have to complain with a cease and desist orgy, the ISP's will just be legally bound to give multiple warnings before disconnecting a user.
As it currently is in NZ, a few ISP's will send you a warning and you simply respond with "NZ is none of their business or juristiction, tell them to bugger off and read the Berne Convention" and said ISP's will tend to leave it at that. Other ISP's shrug and say "not our responsibility Mr RIAA-tard, so kindly go and stab yourself in the face with a cricket bat." This change seeks to sort this situation out to make things clearer for all parties involved, it's just a shame that it seemingly puts too much power on the side of the accuser. Still, not as much power as the uninformed blogots seem to think.
My personal feeling is that there is a disconnect between the *AA, their friends and the consumers. They want to keep throwing physical media at us. What did the SACD vs DVDA battle show us (and DCC vs MD before that)? People were satisfied with mp3's or CD's. "Good enough" is exactly that, especially when "good enough" goes hand in hand with "easy". HD-DVD vs Blu-Ray was the same deal: Plain ol DVD is good enough for most people. Once they bump up to a 50"+ screen, then sure, the resolution vs viewing distance is required. Apart from that, the only interest I had in either format was as a mass storage media. And I still don't want to sit through 10 minutes of "Downloading is stealing [youtube.com]" BS when I just want to watch the damn movie that I paid for.
The *AA crowd missed the boat on capitalising on the internet as a delivery platform, and because of their litigious nonsense, we're probably 5-10 years behind where we should be. Assuming an appropriate platform would have driven a higher rate of broadband expansion than we've had. Spotify [spotify.com] without the stupid country requirements might be a good start.
* Jail for a trillion years in NZ is like three months real jail time
Re:How to disconnect any Kiwi's Internet Connectio (Score:3, Informative)
Re:Incompetence By Design (Score:3, Informative)
FYI, Canada doesn't have its own version of the DMCA (yet). Let me try to do a timeline of what happened to it.
In september 2008, Bill C-61 died on the table when Prime Minister Stephen Harper decided to dissolve parliament (he hoped that his then-minority government would come out of the election as a victorious majority government).
His party (the Conservative Party of Canada) declared in their election that a new bill would be introduced containing pretty much the same provisions. It was never really discussed during the election period, though.
Pretty much everyone expected to see that follow-up bill soon, but Harper did not win his bet and got yet another minority government. He never had a chance to introduce the new bill; barely weeks after the election, the 3 main opposition parties declared that they intended to bring down the governing party in the first motion of non-confidence to come. We then learned that they had signed an accord to form a minority coalition in order to take power when Stephen Harper will have to dissolve parliament again.
So Harper prorogated (ended early) the parliamentary session, which means that when parliament opens its doors again in late january, the conservatives are at high risk of losing power (either the coalition takes over, or parliament is dissolved and we have elections yet again). If Harper doesn't find a way out of that, we will have the very happy consequence of the Canadian DMCA's final death.
Re:"With but a prick I damn him" (Score:4, Informative)
Re:yea...great. (Score:1, Informative)
That's probably because you're trying to create a file in /dev, and you don't have the permission to do so (see the other post for why sudo won't help you here: > is filtered out of the command before it is passed to sudo). However, you should be able to do:
cat foo > /dev/dsp
Provided that no other app is using the sound card (or you have a decent card that supports hardware mixing)
Re:The solution is easy (Score:3, Informative)
Current copyright law makes becoming a copyright holder trivial. So trivial that you'd have to take complex steps to avoid being one...
Anonymous liar (Score:2, Informative)
The in question:
Oh, look, "repeat infringers". Nothing about "guilt on accusation".
Looks like the submitter is just another asshole using lies to feed the outrage machine.
Re:Incompetence By Design (Score:2, Informative)
Re:Incredible (Score:3, Informative)
That's what Canada's doing (kind-of) through its recordable media levy. If you buy a recordable CD, it's assumed that you'll use a portion of it for copying music - some you pay something like $0.25 per cd to compensate the artists of that music.
Math time! 1 cd = 700 megs Average MP3 of reasonable length and quality = 5 megs 700 megs / 5 megs/song = 140 songs 25 cents / 140 songs = 0.17 cent per song I say put the artists in the Thunderdome and let them fight out for the 0.17 cents!
Re:The solution is easy (Score:2, Informative)
don't believe this is correct. If you explicitly and validly release a copyrighted work into public domain, then it leaves your control permanently.
This is not a settled legal question, and may vary from country to country.
Go look at wikipedia's PD template, it says "in case this is not possible", for this reason.
Re:The solution is easy (Score:4, Informative)
In 2008 Judith Tizard championed an amendment to the Copyright Act which requires ISPs to develop policies to terminate the Internet account of repeat copyright infringers. She defended this position robustly when meeting Internet lobby groups, saying it is necessary to protect New Zealand artists, and referred to the release of New Zealand film Sione's Wedding, which, she claimed, was damaged by unlawful distribution on the Internet.
Did anyone actually see Sione's Wedding? Gods. That film was not damaged by unlawful distribution on the Internet, it was damaged by the fact that it was a terrible film.
Re:The solution is easy (Score:4, Informative)
Re:The solution is easy (Score:3, Informative)
Depends on which laws (countries) you are talking about, SO has a pretty good question/answer about it:
http://stackoverflow.com/questions/219742/open-source-why-not-release-into-public-domain [stackoverflow.com]