coffee.geek.nz - amendment act

What About Us? Video campaign via Creative Freedom

Shiny — Mon, 16 Mar 2009 20:21:32 +0000

Musicians, Artists, Busines Owners, Educations, Politicians speak out against section 92 of the new NZ copyright (new tech ) amendment act - in a series of videos.

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Computerworld > Breaking: TelstraClear bails from copyright code talks

Shiny — Wed, 11 Mar 2009 02:53:06 +0000

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.

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False copyright infringement accusations cause fear and compliance to threats.

Shiny — Wed, 04 Mar 2009 03:42:51 +0000

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.

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Can a NZ ISP look at your internet traffic?

Shiny — Thu, 19 Feb 2009 23:06:26 +0000

Can your ISP look at your internet traffic??

And if an ISP cannot legally look at your traffic, how can they ever be sure or the merits of even one accusation?

(Credit to pruby for alerting me to this section of the crimes act)

Crimes Act Part 9A Crimes against personal privacy

216B

Prohibition on use of interception devices

(1) Subject to subsections (2) to (5), every one is liable to imprisonment for a term not exceeding 2 years who intentionally intercepts any private communication by means of an interception device.

(2) Subsection (1) does not apply where the person intercepting the private communication—
(a) Is a party to that private communication; or
(b) Does so pursuant to, and in accordance with the terms of, any authority conferred on him or her by or under—
(i) Part 11A of this Act; or
(ii) [Repealed]
(iii) The New Zealand Security Intelligence Service Act 1969; or
(iiia) the Government Communications Security Bureau Act 2003; or
(iv) The Misuse of Drugs Amendment Act 1978; or
(v) The International Terrorism (Emergency Powers) Act 1987.

(3) Subsection (1) of this section does not apply to the interception by any member of the Police of a private communication by means of an interception device where—
(a) An emergency has arisen in which there are reasonable grounds for believing that any person (in this section referred to as the suspect) is threatening the life of, or serious injury to, any other person in his presence or in the immediate vicinity; and
(b) The use of the interception device by that member of the Police is authorised by a commissioned officer of the Police who believes on reasonable grounds that the use of the interception device to intercept any private communication to which the suspect is a party during the emergency will facilitate the protection of any person who is threatened by the suspect.

(4) Subsection (1) does not apply to monitoring prisoner call under section 113 of the Corrections Act 2004.

(5) Subsection (1) does not apply to the interception of private communications by any interception device operated by a person engaged in providing an Internet or other communication service to the public if-
(a) the interception is carried out by an employee of the person providing that Internet or other communication service to the public in the course of that person's duties; and
(b) the interception is carried out for the purpose of maintaining that Internet or other communication service; and
(c) the interception is necessary for the purpose of maintaining the Internet or other communication service; and
(d) the interception is only used for the purpose of maintaining the Internet or other communication service.

(6) Information obtained under subsection (5) must be destroyed immediately if it is no longer needed for the purpose of maintaining the Internet or other communication service.

(7) Any information held by any person that was obtained while assisting with the execution of an interception warrant must, upon expiry of the warrant, be —
(a) destroyed immediately; or
(b) given to the agency executing the warrant.

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The Copywrong Song - protest anthem by New Zealand musicians

Shiny — Tue, 17 Feb 2009 05:54:41 +0000

The Creative Freedom Foundation has teamed up with Mike Corb and Luke Rowell / Disasteradio to produce the Guilt Upon Accusation anthem: The Copywrong Song.

The song is part of a week of action, launched by the Foundation, against Guilt Upon Accusation laws in NZ. The campaign, taking place from 16-23 February, is a reaction to Section 92A of the Copyright Amendment Act due to come into effect in NZ on February 28, and has already seen thousands of people, organisations, and major companies "blackout" their websites, blogs, FaceBook, MySpace, Twitter and Bebo accounts to show their opposition to the law.

Lyrics: Matt Hunt, Mike Corb, Bronwyn Holloway-Smith, Luke Rowell/Disasteradio
Music: Mike Corb
Produced by: Luke Rowell/Disasteradio
Vocals, guitar, guitar synth: Mike Corb
Synths and programming: Luke Rowell/Disasteradio

DOWNLOAD THE MP3
Info on the Remix Challenge

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Section 92A - what does it mean for you? - Orcon

Shiny — Wed, 11 Feb 2009 00:48:31 +0000

Section 92A - what does it mean for you? - OrconSource: www.orcon.net.nzWe have been receiving a lot of questions from our customers about the new Copyright (New Technologies) Amendment Act, in particular the now infamous section 92A, which has some major implications for both New Zealand Internet users and copyright holders. ... ORCON's info in new copyright laws - reads to me as if they'll be disconnecting customer apon a 4th accusation against them, whether or not that accusation was contested by the accused.

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Ill-conceived law not the answer - Opinion - The Marlborough Express

Shiny — Mon, 19 Jan 2009 07:17:28 +0000

Ill-conceived law not the answer - Opinion - The Marlborough ExpressSource: www.stuff.co.nzAnd it would seem we are about to go through it all again with the coming into effect of section 92A of the Copyright (New Technologies) Amendment Act on February 28.

This legislation will require internet service providers (ISPs) such as Telecom, Woosh and TelstraClear to police the illegal down...

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ISPs tread risky path with new rules on piracy - Technology - NZ Herald News

Shiny — Thu, 08 Jan 2009 22:49:26 +0000

ISPs tread risky path with new rules on piracy - Technology - NZ Herald NewsSource: www.nzherald.co.nzInternet service providers are struggling to deal with a new law requiring them to axe the internet connections of customers who "repeatedly" access pirated material.

Section 92A of the Copyright (New Technologies) Amendment Act, passed last year, takes effect on February 28.

It says ISPs will...

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Concern over new downloading laws

Shiny — Thu, 08 Jan 2009 22:48:54 +0000

Concern over new downloading laws - New Zealand's source for technology news on Stuff.co.nz

On February 28, a new section of the Copyright (New Technologies) Amendment Act 2008 will come into force.

It says internet service providers (ISPs) must "reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that internet service provider ...

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Guilty Upon Accusation becomes New Zealand law on 28th February.

Shiny — Tue, 06 Jan 2009 23:23:20 +0000

from http://tech.slashdot.org/article.pl?sid=09%2F01%2F06%2F0351202&from=rss

Next month, New Zealand is scheduled to implement Section 92 of the Copyright Amendment Act. The controversial act provides 'Guilt Upon Accusation,' which means that if ~~a file-sharer~~ any New Zealander is simply accused of copyright infringement he/she will be punished with summary Internet disconnection. Unlike most laws, this one has no appeal process and no punishment for false accusation, because they were removed after public consultation. The ISPs are up in arms and now artists are taking a stand for fair copyright.

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Slashdot | NZ File-Sharers, Remixers Guilty Upon Accusation

Shiny — Tue, 06 Jan 2009 23:22:08 +0000

Slashdot | NZ File-Sharers, Remixers Guilty Upon AccusationSource: tech.slashdot.org"Next month, New Zealand is scheduled to implement Section 92 of the Copyright Amendment Act. The controversial act provides 'Guilt Upon Accusation,' which means that if a file-sharer is simply accused of copyright infringement he/she will be punished with summary Internet disconnection. Unlike most...

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