Random Rants

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Auckland District Law Society are urging caution as regards Section 92A.

Google are against..

United Video are at first glance, for the change. However if you read between the lines:

"I trust this submission helps shed some light on the rental industry in New
Zealand and the far reaching effects this legislation could have in either
supporting us if passed, or destroying us if it is quashed. The need
therefore for a code which is acceptable to all parties is imperative and hope
the ongoing dialogue between Rights Holders and ISP’s produces such a

So... whilst there's some definate application of the law that's of benefit to say, a Video rental outfit, they're actually looking for a code which is 'acceptable to all parties'. Perhaps United Video havn't noticed the objections by such a large number of parties... ?
Their message would appear to be quite confused in that stake. Or doesn't 'all parties' include artists and innocent members of the public clobbered by poorly written legislation?

Even more amusing was their earlier paragraph, describing themselves as "the gatekeepers of entertainment technology as it reaches the rental marketplace" and they "as being a real link between the producers ofthe product and the end consumer." (which makes me laugh/choke/cry).

Brendas Tally is quite telling in itself.

http://creativefreedom.org.nz/whataboutus.html is worth a look - especially the videos.

Currently pondering whether I can justify making one myself. ;-)

After noticing last night that there were problems loading a clip of Rock Band playing at a friends Birthday do that I had put on Youtube recently, I went Googling and found out that this isn't isolated.

rockbandcontent.com and The Playstation Message Board cite examples and there's even some (poorly visited/supported) Online Petitions on the subject.

That whole situ strikes me as absolutely rediculous... the label has licensed the Rock Band authors to use the tracks, and people are recording their successes/failures/ENJOYMENT of these for non-profit use. 'Fair Use' would definately seem to apply in the majority of cases.

That was silly enough, IMHO.
Then this morning Brenda posted a boingbong.net article citing cases where videos of peoples babies interacting with music have been taken down...!

Surely everyone can see how utterly rediculous that is?!?!?

Even the Prime Minister has now suggested that the law may be thrown out. This after Yesterday's announcement that the implementation of the law was being put on hold for about a month.

This is a victory of sorts, for the Creative Freedom Foundation and to all those groups and individuals who've petitioned for a little sanity in the government.

However it's not done yet - and we're still dealing with FUD.

The tail end of the article above says: "19 of every 20 songs were being illegally downloaded."

Where's the stats to back that up?

Or are we back to making up numbers? I'd like to know how they assertain that.

I'd also like to give big ups to the Media who got this right... it's been alluded by some media agencies that the steps being taken here are to protect those who do 'pirate' media.
This is definately NOT the case.... the protest here is simply based on the 'guilt by accusation' aspect of the law. Most of us agree that Copyright needs to exist and be enforced where appropriate.. the issue is simply, how.

Some interesting feedback on a brief comment by DPF regarding Labour's apparent change of tack on this law (Which is backed up by the earlier press release by Clare Curran.)

However I note some of the comments regarding the scale of the petition (number of signatures) which is sad. Despite a large number of (apparent) supporters, exactly how many people have voiced their views to Government?

Have you?

In response to an email conversation with my local MP, I was forwarded the following, a release by the NZ Labour Party regarding the infamous Section 92A...

Clare Curran
Spokesperson for Communication and IT

19 February 2009 Media Statement

Government has to act now on copyright

Despite official advice on the importance of finding a solution to the copyright issue, the National Government today missed an opportunity to take steps in that direction when it refused leave for an Amendment Bill to the Copyright Act to be introduced.

Labour spokesperson for communications and information technology Clare Curran today sought leave to introduce a Bill to amend the Act to ensure a workable code of practice was in place with the approval of the relevant Minister before Section 92A comes into force.

“Despite indications of support from most other parties, the National Party refused leave and is now sitting on its hands on the copyright issue,” Curran said.

“Ministry of Economic Development senior officials in today’s Commerce Select Committee said this was an issue of high priority and needed to be addressed quickly by the government,” she said.

Section 92A of the Copyright Act is due to come into effect on 28 Feb. More time is required for the affected parties to negotiate the issues and reach agreement on a workable code that upholds the principles copyright protects while not placing an unreasonable burden on the internet service providers.

Labour considered a variety of measures including delaying the enactment of the clause, however, only the government can do this by revisiting the date of commencement and I call on Commerce Minister Simon Power to do so urgently.

“The Copyright (Internet Service Provider Account Termination Policy) Amendment Bill creates a mechanism for developing guidelines, something not included in the existing legislation. This Bill therefore proposed to amend section 92A to include the following clause:

“(3) A policy as required by subsection (1) must be in accordance with guidelines developed by industry groupings representing the interests of telecommunications carriers and rights holders and agreed by the responsible Minister.

“The effect of this would have ensured that the parties would have developed guidelines before the section became effective.

“I intend to submit the Bill to the ballot as a Private Member’s Bill so that these issues can be addressed.

“It is in keeping with the objective of the Act which is to ensure a robust intellectual property rights system for the continuing growth of New Zealand’s creative and innovative sectors.

“The wider issue of the future of copyright law in a digital age is complex and fast changing. In order for the Section 92A to be effective, a workable code of practice between the rights holders and the internet service providers must be achieved.

“There is widespread and growing support for an education campaign around the complex issue of copyright. It’s time the government took action on this issue,” said Curran.

Contact: Clare Curran [cellphone number removed] [Parliament Bio and Contact Form]

Interestingly when I googled for Clare's contact details (to use here) I found this :

Scoop: Clare Curran's Copyright Bill which was introduced in response to yesterdays protests. Parliament shut the bill down, it appears.

Thanks to Jordan Carter for noting Clare Curran's explanation of her views at 'The Standard'.

BlakJak.net is blacked out in support of Creative Freedom.

Waa Waa Waa!!

That's what these people sound like.

"I didn't know there was a toll". (Good grief have you been under a rock for the last year?)

"Alternatives to Cash are too Hard". (The 21st Century and the concept of a pre-paid balance tied to your car rego is too hard? Credit cards a foreign concept?)

I've done toll roads in Australia. They offer 'electronic metering' (put a clever box on your windscreen) and conventional throw-change-in-the-bin systems. In my case, the latter was obvious - I was a tourist. However that was a few years ago now... and we've moved with the times!

For $2 each way, I don't see the issue with putting $20 down and getting 5 return trips without having to think about it... !

And if I didnt wanna do that, I'd have no problem with paying electronically at a later stage (3 days is a short lead time, but not impossible...)

The bleating is amazing. It's like we're still living in the dark ages. I expect if this keeps up the toll road operators will have no choice but to install coin-receivers to cater for all the people out there who're inflexible about their options and don't know how to prepare for a road trip.. (!).

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