False copyright infringement accusations cause fear and compliance to threats.

By Shiny

From computerworld.co.nz

A local website has removed recordings of the Conan novels under the threat of legal action from the US, despite the material being in the public domain in New Zealand.

New Zealand-based audio enthusiast website BrokenSea Audio ran into trouble with the copyright holders of Robert E. Howard characters and stories, primarily the stories about Conan the Barbarian, created by the Texan writer in the 1930s.

The material in question is in the public domain, the threat of "one accusation and you're taken down" has caused a host removecontent voluntarily, even though the content is in public domain and they have every right to distribute it.

BrokenSea decided to comply with the demands. All Conan audio dramas and audio books produced by its volunteers have been removed from the website, and a major project — a production of Howard's only full length Conan novel, Hour Of The Dragon, which Mannering had adapted into a full cast audio drama script — has been cancelled.

Under New Zealand copyright law, if a website is accused of copyright infringement, the webhost must take down the content. If the webhost does not, they could be liable for any copyright infringement, even though it isn't their actions that cause the content to be there.

This is in section 92C of our copyright (new technologies) amendment act.

This is not to be confused with section 92A of the same act, which is disconnection apon repeated accusation. 92A is delayed until 27th March.

92C, dealing with websites instead of connections, only requires one accusation. Rather than risk their whole site being potentially taken down by an accusation, the NZ website appears to have caved in immediately and removed the content they had every right to host.

What a pile of poo our law is.

Dreams of Shooting for a 1970's Christmas Catalog

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2 comments

By Anonymous (not verified)
1 year 2 days ago

But the media companies told

But the media companies told us all would be fine

how could they have said something that was wrong?

By Indy (not verified)
50 weeks 3 days ago

The material in question is

The material in question is in the public domain, the threat of "one accusation and you're taken down" has caused a host removecontent voluntarily, even though the content is in public domain and they have every right to distribute it.in

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