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Computerworld > Breaking: TelstraClear bails from copyright code talksSource: computerworld.co.nz

TelstraClear has pulled the rug from under efforts to implement New Zealand's controversial new copyright law.

The telco has told the Telecommunications Carriers' Forum (TCF) and a working party trying to thrash out a draft code to implement section 92A of the Copyright (New Technologies) Amendment Act that it no longer supports the effort.

New Zealand Lawyer Web Site > Current Issue > Issue 106 > F2

A serious implication of the termination policy obligation in section 92A is that it ultimately requires ISPs to police copyright infringement and enforce rights on behalf of copyright holders by cutting off users’ Internet accounts. One factor that exacerbates these concerns is the broad definition...    

from NZLawyer Magazine this bit is a good summary of why there are so many NZers protesting against this law

Section 92A effectively imposes the work of a court on the shoulders of a commercial – or in many cases, private – entity. ISPs will be required to both make a judgement and carry out the sentence. Within the draft Code, there is also some discretion granted to an ISP in evaluating evidence and determining copyright infringement.

Although the rights of copyright holders may be preserved under the ISP liability regime, it is arguable that some of this is at the expense of the rights and freedoms of others. Users are uncomfortable with the potential for the unqualified termination of users’ accounts by ISPs who fear falling short of the legislative threshold of termination for “repeated infringement”. Of equal concern is the ability for copyright holders to further limit the legitimate “fair use” of copyrighted works by Internet users.    

Press release from TCF:

The Telecommunications Carriers’ Forum has today released a Draft ISP Copyright Code of Practice for public consultation.

“The Copyright Act was amended in 2008 to include s92A which requires Internet Service Providers to have a policy to terminate the accounts of repeat copyright infringers in appropriate circumstances,” Telecommunications Carriers’ Forum CEO Ralph Chivers said. “This Draft Code is intended to be a template policy for ISPs, to assist them in meeting their obligations under the Act.”

The Draft Code has been developed by a TCF working party that includes representatives of NZ’s leading ISPs, the Internet Service Providers Association of New Zealand (ISPANZ) and Internet NZ. “This has been a very challenging piece of work given the importance of the issues involved,” Mr Chivers said. “I sincerely thank all those involved for the many hundreds of hours of effort that it has taken to get the Draft Code to this stage.”

“While TCF members consider that s92A is seriously flawed, we are nevertheless acting responsibly to ensure our Members have guidance when implementing the law. Ultimately, though, there are a number of issues which the government needs to address to ensure that New Zealand’s copyright law is fully reflective of the realities of the internet age.”