We got a new copyright act in New Zealand late last year - any regular reader of my blog will already know this.

Amongst the many changes, the new copyright act finally allowed "format shifting" - for example copying your music from your CD collection into your ipod.

However, this was limited to sound recordings only. - You cannot copy that movie or tv show you have recorded into your ipod.

Here's a quote from NZ's Ministry of Economic Development FAQ explaining exactly that:

Why is there a format shifting provision and why is it limited to sound recordings?

The new format shifting provision responds to the concern that people want to transfer music they have legitimately bought onto different devices to take advantage of new technology. It also recognises this has been common practice for a long time.

The markets for audio visual works and music are evolving, they are different. There are numerous business models for audiovisual works that do not apply to music. Theatrical release, commercial rental (both physical and online models), free-to-air TV and pay TV do not have counterparts of any significant extent for music. It is also unlikely that consumption of audio visual works "on the move" using mp3 players and the like will ever be as ubiquitous as for music. It is not, therefore, possible to simply apply the conclusions reached about music to audio visual works.

New Zealand Goes All Black Against Three Strikes | Electronic Frontier FoundationSource: www.eff.orgWhether you're following a New Zealander on Twitter, or have friended a Kiwi on Facebook, you will not have missed Net users from that country protesting Section 92A in NZ's new Copyright Act. Thousands are turning their sites and their icons black to mourn the coming enforcement of the provision, w...

General Discussion » The wording... — Creative Freedom Foundation: Community: — Creative Freedom FouSource: creativefreedom.org.nzNew Zealand Copyright for Artists    NZ law reads "repeat infringer means a person who repeatedly infringes the copyright in a work"....

That "a work", strictly meaning an infringement of the same work repeated times.

Initially i also thought that the implementation of the law would follow the intent, not the badly worded clause.

However, this appears to not be the case.

'Penal statutes will be strictly construed' -- this is a universal principle in NZ law that if a penal provision is rasonably capable of two interpretations, that interpretation which is most favourable to the accused must be adopted.

alas, as there's no legal expert involved in this kangaroo court, universal principles may be hard to find.
    

Telecommunications Carriers Forum have been working on a policy to help ISPs comply with NZ's new copyright law.

That would be this law:

Section 92A: 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

They don't expect to have this complete in time for 28th February when this law comes into effect. So they're released a note with some advice

One section re-iterates the liability if ISPs don't act apon accusations and disconnect their own customers:

In Australia, under a provision which is worded almost exactly the same as our section 92A, the ISP community by and large has decided that it is not appropriate to terminate internet accounts on the basis of allegation only and that a Court order is required before they will act. Notices from rightsholders alleging infringement have been referred to the Police. As a result, 34 film and television companies are suing one significant ISP in Australia for failing to take appropriate action.

The new provisions for format shifting in the copyright act are restricted to audio only -- because audiovisual isn't "ubiquitous" enough.

see:

FQ&As about the Copyright (New Technologies) Amendment Bill

Why is there a format shifting provision and why is it limited to sound recordings?

Computerworld > Websites threatened by new Copyright ActSource: computerworld.co.nzAssociate Commerce Minister Judith Tizard says, however, that ISPs are in a unique position to be able to control