The verdict is out in the case of numerous media/entertainment companies versus an ISP over in australia.
The entertainment companies wanted a ruling that an ISP is responsible for the actions of their customers - so they sued an ISP for "allowing copyright infringement to occur".
Now, we can't have that. If someone breaks copyright then they should be responsible for their own actions, not their ISP, not the mail service, not the maker of the fax machine, not the people who built a photo sharing website.
Commonsense prevailed, and the judge ruled in favour of the ISP. The entertainment companies now must pay the ISPs legal costs.
I've picked some of that commonsense from within the judge's ruling:
In summary, in this proceeding, the key question is: Did iiNet authorise copyright infringement? The Court answers such question in the negative for three reasons: first because the copyright infringements occurred as a result of the use of the BitTorrent system, not the user of the internet, and the respondent did not create and does not control the BitTorrent system; second because the respondent did not have a relevant power to prevent those infringements occurring; and third because the respondent did not sanction, approve or countenance copyright infringement.
On the incorrect use of the word "theft" to describe copyright infringment:
I spoke in front of lotsa government people - on a panel along with the Vikram Kumar and Kate Lundy. It was videoed, but i don't know where to find the video. here's a photo:
organised a Girl Geek Dinner --- but more importantly, i found someone to take over organising the next one! Hurrah for Amber Craig
I got commit access to laconica - which is amusing. Who gives a 6 month pregnant person commit access? The project changed named this week to "statusnet". It's the software the power http://identi.ca
I went to Open Govt barcamp - including the hackfest. While there i recorded a podcast. Need to clean it up a bit, but my plan is to get about 5 interviews then advertise the podcast.
I get about one of these emails via flickr everyweek.
Hello
We're currently collating images for an educational website [.... ]
We're seeking images to illustrate some new video clips on [....]
[.... details of the project ...]
We need to confirm the image is yours and that you're granting us permission to use it. We are happy to acknowledge you - if you're willing to let us use this please let us know the name of yourself or person to be acknowledged.
Regards
[....]
The problem is, they *never* *ever* send a url to which photo they are talking about. I've uploaded >50 photos of Kaka.
Occasionally, when it is such a awesomething they want to do with the photo, i reply with "Please, which photo are you talking about? please send url".
the reply is often something like this one about a monarch:
The one with a close of up a Monarch butterfly on a purple flower.
There's a white wall in the background.
I consider this undeniable proof that people don't have any clue what that address bar on their browser is for -- no wonder phishing schemes are so popular.
I'd also like to point out that my photos are CC-BY licenced, so they don't actually need to ask at all.
Creative Freedom on Morning Report, on NZ National radio this morning:
Pressure is mounting on the Government to dump a controversial law change that enforces copyright on the internet. (duration: 3′24″) Download: Ogg VorbisMP3
I had a great time at the Wellingtonista awards on Thursday night.
While i didn't win, i loved the loud cheer for my blog in the reading of the finalists :-) thanks folks. And thanks to those who voted for me.
The winner, of "Best contribution to the internet by a Wellingtonian" was the Wellington Flickr Group. The three admins (me, Brett and Sue) posed for this photo:
once apon a time, about 3 years ago, i was accused of copyright infringement.
It was a photo, posted to flickr long ago, and used in my blog. It was a photo i took of my chocolate milkshake, out at "The Bach" near island bay.
Here's the photo:
Some random from the intarwebs left comment after comment on this blog saying "You stole my photo". It was complete buillshit. They also started emailing my webhost, repeatedly accusing me of copyright infringement. My webhost dutifully forwarded these to me, i replied it was all complete bollocks.. we moved on.
fast forward to November 2008 - what's an ISP supposed to do under this circumstance? I'd call their claim "unreasonable", but i dislike the idea that my ISP is the judge and adjudicator.
Consider this advice from NZ's Ministry of Economic Development:
What should a copyright owner do if they discover a New Zealand website contains material that infringes his or her copyright?
Kiwicon was a blast -- New Zealand's best Information Security conference. Lotsa professionals, hackers and only one of two idiot script kiddies in the wrong place.
This photo is from the speaker drinkies at a secret underground location on the Friday night.
I do this alot with my palm:
1. take photos with DSLR
2. put camera card into palm
3. send photo by email
This is the only method i've found for getting photos from my camera into my ipodtouch so i can email them..
1. take photo with DSLR
2. photos saves to Eye.fi
3. Eye.fi connect to wifi, uploads to https://eye.fi
4. the eye.fi server pushes to flickr
5. I go to my flickr account with my ipod
6. Save photo from safari
7. Send photo my email
alas this requires being online with wifi (the final email step queues for later sending on both palm and ipod)
I tried to blog from the bloggers' kiosk at cebit, and learned my blog doesnt work in IE. they only had IE.Most noticably IE doesn't do png transparency, so they're missing out on the beauty of the coffee cup.Anyhoo.. I encountered some folks here from rimuhosting.com. They read my blog (wtf! people aren't supposed to _read_ it!).. annd wanted a photo taken with me. heh.i should hire some folks to pretend i'm famous more often.
So, where in our national parks will New Zealand go mining?
Two types of greenies
Concern over new downloading laws
Homeopathy fans to testify.
Things i have learned about baby clothes
Urewera dreaming
Wellington Community Network shuts down
The truth about your ISP