recourse

spare a thought for the ISP

note, this describes section 92C .. not the 92A which as been scrapped. 92c is in effect in NZ since 1st November 2008.

copy of a section of the MED Q&As about the Copyright (New Technologies) Amendment Bill verbatim.

This explains clearly the following:
1) Your ISP is legally liable if they decide not to immediately act apon a copyright infringement accusation.
2) The ISP is to be the judge of an accusation's merit
3) The only recourse the victim has is to appeal to the accuser.

Q: What should a copyright owner do if they discover a New Zealand website contains material that infringes his or her copyright?

A: Provide the ISP with a notice of infringement outlining what material is considered to infringe copyright. The ISP is required to consider the notice of infringement and as soon as possible after receiving the notice either delete the infringing material or prevent access to it. If the ISP fails to take prompt action after receiving the notice, it could be liable for copyright infringement even if it was not directly responsible for the posting of the infringing material on the website.

Q: Must the notice of infringement be in any particular form or contain specific information?

Say good bye to freedom on the internet - was nice while it lasted.

There are so many fronts on which the "freedom" of the internet is under attack in my own country, neighbouring countries, and elsewhere.

Here in New Zealand a new copyright act went into effect on 1st November. The most controversial clause has been delayed until 28th February. This clause says that an ISP must have a policy of disconnecting anyone repeatedly accused of copyright infringment. ...

That's accusation only. There's no oppourtunity to defend yourself, no recourse for reconnection, and there's no penalty for false accusations. If you want someone off the internet you need only repeatedly accuse them of copyright infringement ("repeatedly" has legal precidents to mean 3 times). Aparently file sharing is so bad you don't even get a trial (can they not see where that logic leads?). Even pedaphiles get a trial before they are considered guilty and punished. I could not continue my occupation if i was disconnected.

There's also that great treaty called "ACTA" - Anti-Counterfeiting Trade Agreement, which on the surface is defending against fake prada handbags, but also fake baby prams (won't someone please think of the children!).. and fake medicines. I'm unsure if they mean cheap generic medicines that infringes patents, or if they mean dangerous medicines that aren't what they say on the labels -- but regardless, the Music and Film industry have been asked for their wishlist (to crack down on those dangerous counterfeit music tracks). The problem is the countries participating in ACTA negotiations have signed with the USA that they will not reveal the contents of the treaty until after they ratify it.

The public were asked for submissions in New Zealand, but how the frack am i to send a submission on a treaty when i cannot see the contents of it?

In the EU a group of citizens used their official information act to force the EU council to reveal the contents of this treaty... the Council said No. Who are they accountable to? Aparently not to their citizens and not to their own laws.

Within the wishlists of RIAA is making ISPs liable for copyright infringement that happens through their networks.. This we need to be very vocal about. How's an ISP to know whether a data packet contains a copyright infringement?? by only allowing you to talk to sony.com + apple.com ?

In other news, Australia looks like it's about to force all isps to enforce a blacklist of IPs. The result is all of Australia's internet access being filtered, in the on going mission to stamp out child porn. Their internet is going to get horribly slow, and it's not going to stop child porn. You just know the black list (a huge collection of child porn website urls) is going to leak out straight into the hands of the folks who want these urls. I hear a politician is trying to get a list of all R18 sites and add that to a list also. That's some huge list to check against on every packet. (not just port 80, otherwise it'd be too easy to bypass).

A Prediction for November.

The new amendments to the Copyright Act go into force on 1st November. (this coming Saturday)

The rumour mill says some ISPs have taken legal advice and will be disconnecting their own customers apon recieving any accusation (i.e. harsher than the law requires). The lawyers are giving advice in the best interest of their own clients, the ISP, as they should.