Law on Tony Andrew Meyer

Bad Analogies

Tue, 28 Jun 2011 13:58:35 +1200

NetHui 2011 is currently in progress, so there’s a lot of discussion about Internet usage in New Zealand, and - of course - the controversial amendments to the Copyright Act. TUANZ’s Paul Brislen tweeted something I’ve seen and heard (in various forms) a lot recently:

Cf electricity. Won’t cut me off because I look at something I shouldn’t on my PC so why is it ok to cut off my Comms if I do? #nethui

Why the Government should ignore the People

Wed, 13 Apr 2011 15:03:27 +1200

The infamous “Section 92A” that so riled people up, was this (in full):

92A Internet service provider must have policy for terminating accounts of repeat infringers (1) 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. (2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.

An actual problem with the Copyright (Infringing File Sharing) Amendment Bill

Wed, 13 Apr 2011 14:32:11 +1200

The most glaringly wrong part of the Amendment is this:

122PB Application of section 122C to cellular mobile networks (1) An IPAP need not comply with either of the obligations in section 122C(1) in respect of the services it provides by way of a cellular mobile network. (2) Subsection (1) is repealed with the close of 31 July 2013 (but see subsection (3)(c)). (3) The Governor-General may, by Order in Council made on the recommendation of the Minister, do all or any of the following: (a) repeal this section: (b) repeal subsection (2): (c) amend subsection (2) by replacing the date specified in that subsection with any other date, whether that date is earlier or later than the one it replaces: (d) revoke or amend any Order in Council made under this section (the principal order), but only if the repeal, amendment, or revocation effected by the principal order has not taken effect. (4) The powers in subsection (3) may be exercised more than once.

Guilt if not denied, not guilt on accusation

Wed, 13 Apr 2011 14:17:24 +1200

Once again, many New Zealanders are saying incredibly incorrect things about copyright law - most of them because they are parroting other people in a twisted Chinese whispers style of journalism. People are calling the latest changes “guilt on accusation”. All you have to do is actually read the amendment (which is not something that many do) and you can tell that is not the case. The relevant part of the amendment is this:

S92A, and other thoughts on the revised Copyright Act

Thu, 19 Feb 2009 18:35:53 +1200

There is quite a furore (e.g. #blackout) at the moment about the eminent arrival of the updated Copyright Act in NZ, pretty much all surrounding section 92A. 92A doesn’t appear in the official online copies (either HTML or PDF) - I don’t know if that is because it only takes effect from the end of the month, or because someone left it out. The Amendment does have the wording:

92A Internet service provider must have policy for terminating accounts of repeat infringers “(1) 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. “(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.