Clare Curran on s92(a)

Written By: - Date published: 10:40 am, February 20th, 2009 - 12 comments
Categories: interweb - Tags:

Yesterday, Labour’s communications and IT spokesperson, Clare Curran, sought Parliament’s leave to introduce a Bill to attempt to fix s92(a), the ‘guilt by accusation’ provision in the Copyright Act that is about to come into force. Any MP can deny leave and National did so. Following that, and her comment on the blog yesterday, we asked Curran to write a guest post on the issue. Here it is:

_______

I think you can say two important things about Labour’s approach this week to the vexed copyright issue. The first is that we’ve acknowledged that there are significant issues with the controversial Section 92A coming into force next week with no workable code in place. I guess that’s about listening and taking it a bit on the chin. The second is that we are trying to be constructive about a solution, even if it’s a short term one. I hope the National Government is also listening. They voted for Section 92A last year so the onus is now on them, as the Government, to act.

I should say up front that the whole Copyright issue and how it is handled in New Zealand does need a rethink. But that’s not very helpful when there’s a law about to come into force with the major stakeholders still at odds on how it will be implemented.

I should also say up front that Labour is firmly committed to upholding the principles of protection of copyright while not placing an onerous burden on internet service providers. Labour also recognises the complexities of protecting copyright in a fast changing digital age where much of our creative and innovative work is performed on the internet. So where does that leave us?

It may be that we need an independent body to adjudicate on alleged breaches of copyright.

As an ex-journalist, I care passionately about the ownership of intellectual property and the ability of artists and professionals to make a living from their work. As a former public relations professional and active user of the internet I also care passionately about access to information and the ability of creativity to flourish online. It’s a balance of private and public property rights. The evolution of the internet and digital media has introduced new difficulties in enforcing copyright, and challenges to the philosophical basis of the concept.

I always try to take it back to the basic values that underpin any concept or law. I believe they are people’s rights, fairness in upholding those rights, respect and flexibility. And there’s another ingredient which is about evolution. The development of new technologies. And recognising that while things change, some things remain constant.

I think there has to be more work done on our Copyright Laws. I don’t have all the answers. I’ve only had the communications and IT shadow portfolio a few months. But we are listening and our intentions are constructive.

The Creative Freedom Foundation has mounted a fast moving, 21st century campaign that demonstrates the power of the online world to be inclusive and mobilise. I’d also like to recognise the important work of the Telecommunications Carriers Forum (TCF) in its attempts to broker a working code to implement Section 92A. Keep at it guys.

Clare Curran

12 comments on “Clare Curran on s92(a)”

  1. Mike Collins 1

    Good on you Clare. Good to see you taking a stand. Disappointed to see National so out of step on this issue. Yes, many parties made a mistake in voting this in, in the first place. Most have now changed their thinking (which isn’t a bad thing – shows they are listening).

  2. Tigger 2

    Wonder if Key or English would be pleased if their teenagers fell foul of this law…teens are downloading whores as we all know.

  3. lprent 3

    Or your neighbour if you’re daft enough to have an open WiFi. I still see a lot of these, but less than previously.

  4. dave 4

    Well done Clare. But why didnt Labor think about this BEFORE the bill was passed, instead of adding it back in after the select committee took it out. You could have written something on why Labour buckled to a select few lobbyists.

  5. lprent 5

    dave: And on the same note – why did the Nats vote for the bill with that clause on its third reading?

    Of course it was complicated because of the election – which is why I didn’t notice the reinsertion after select committee.

    Basically this just looks like a cockup from start to finish… The rest of the Act looks fine. I understand that a lot of negotiation went in on this clause. However it was largely between only a few of the interested parties.

  6. Don 6

    I have posted a comment responding to Clare’s previous entry at this site here:

    http://www.thestandard.org.nz/copyright-protest-pics/#comment-118467

    I think that in this guest post is great and shows a good understanding of the issues and concerns that many IT copyright holders have about S92. I’d like to express my thanks once again.

    I think there is an opportunity for both the major parties to agree to change the law. I know it is tempting to to paint one another as the ‘bad guys’ but from conversations I have had I also know that people in *both* parties have had serious concerns about the Copyright reforms that went into law last year. It would be nice to see more cross bench co-operation on resolving this issue.

  7. dave 7

    Of course it was complicated because of the election

    Oh yeah, blame the election – that had nothing to do with passing decent law. Parliament is elected to pass decent and workable laws – not to be reelected.

    The negotiation *was* only between a few interested parties, Labour cocked up, the minor parties other than Greens didnt know what was going on and Labour wasn’t talking to the Greens. In the end Labour cocked it up. Now it is trying to fix the law. If Labour had any balls it would have introduced an SOP in exactly the same form as Currans bill. It didn’t because it was too focused on digging up the dirt on JK in Aussie.

    Now lprent is trying to say the election was a factor.Oh puhleeease!

  8. frog 8

    Clare, you still fail to address the vexing issue of being denied a service based solely on accusations. Guilty until proven innocent is just plain bad, whether we are talking about copyright or any other legal matter.

  9. Don 9

    What frog says is absolutely correct.

    At the risk of sounding even more tedious than I normally am I will quote from my previous comment:

    “Your proposed amendment does not go far enough. S92 in its entirety needs revisiting. The idea that the law can be made good through the simple expediency of a Ministerial approved CoP is a red herring that once again switches the onus onto ISPs to produce something that complies with bad law.”

  10. lprent 10

    dave: Apparently this stuff got back into the bill after the select committee. I’d thought that the clause had died there. Turned out that it’d passed while I was occupied with the election.

    Post-election …. Apparently there has been discussion going on between the main parties (telcos/ISP’s and RIANZ etc) about what the code of conduct should be. The rights holders have walked away from that (ie RIANZ). That has left it as each individual ISP doing it and no way of getting any ability to question assertions of rights of accusers.

    It isn’t particularly party political as is shown by virtually every blog site of all persuasions are hammering it. The RIANZ’s stupid actions have just broadened it into the wider sphere. It is more in the order of the ongoing argument about digital vs analogue

    Essentially I think what I always did – the clause should be dropped.

  11. lprent 11

    Rob the Geek (there are too many robs around..) has a good roundup post on s92a. Good place to dig info out for those wanting to catch up….

  12. Jseph 12

    RIANZ should have no say. They’re fools stuck with an agenda that depends on a failing business model, which sister version in the United States has been busily filling up their courts with people who have done very little harm.

    The RIANZ are only representing their own interests. Where are all the other artists, the indepedent musicians, the writers, the people who create rather than the people who take earnings from the people that create. And, the largest interested party, the people, because Parliment sure doesn’t seem to be representing their overwhelming views.

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  • GP letter more evidence of failure in mental health
      A letter of complaint by medical practitioners to the Ministry of Health and Capital and Coast District Health Board underlines how badly patients are being let down by mental health services in Wellington, says Labour Leader Jacinda Ardern.  “The ...
    3 days ago
  • GP letter more evidence of failure in mental health
      A letter of complaint by medical practitioners to the Ministry of Health and Capital and Coast District Health Board underlines how badly patients are being let down by mental health services in Wellington, says Labour Leader Jacinda Ardern.  “The ...
    3 days ago
  • Tax cuts when kids go hungry shows National’s lack of moral compass
    National’s campaign of tax cuts that give $400 million to the top 10 per cent of earners, at a time when 120 Kiwi kids every year are being hospitalised for malnutrition, shows they have lost their moral compass, says Labour’s ...
    3 days ago
  • Freight being shifted off planes as fuel crisis worsens
    Export freight is being shifted off flights because of the Government’s failure to manage the risk of disruption to jet fuel supplies, says Labour’s Economic Development spokesperson Stuart Nash. “It has been revealed to Labour that non-perishable export freight is ...
    3 days ago
  • Apologise now Jonathan
    Health Minister Jonathan Coleman must apologise for his part in a $2.3 billion shortfall that has contributed to delays in cancer diagnosis and treatment, says Labour’s Health spokesperson David Clark. “All the Minister could say in an interview this morning ...
    3 days ago
  • National’s health report card shows need for new plan
    From increased GP fees, to kids getting sick from cold homes, to denial of important surgeries, National’s underfunding of health has hurt Kiwi families, says Leader of the Opposition Jacinda Ardern.   “It’s time to invest in the health of ...
    3 days ago
  • Eye clinic wait downright dangerous
    The fact that 9,500 Kiwis are waiting one and a half times longer than they should to get follow-up eye appointments is unacceptable and dangerous, says Labour’s Health Spokesperson David Clark. “These people are entitled to the reassurance that if ...
    3 days ago
  • National has serious questions to answer over Auckland fuel crisis
    Thousands of air travellers looking for answers to Auckland Airport’s fuel crisis should be demanding the National Government come clean over its failure to secure fuel supply for the airport, says Labour Leader Jacinda Ardern.  “There are serious questions the ...
    4 days ago
  • Come clean on trade before the election
    In the two days before the election, New Zealand MFAT negotiators will attend a negotiations meeting in Japan on the successor to the failed Trans-Pacific Partnership Agreement (TPPA), now called the TPP-11. The negotiations are shrouded in secrecy but we ...
    GreensBy Barry Coates
    6 days ago
  • National unravels on transport
    The release of extraordinary information showing that the East-West link could be the most expensive road in the world, at $327 million per kilometre, shows that National is fiscally reckless and out of ideas on transport, says Labour’s Transport spokesperson ...
    6 days ago
  • Saudi cover-up a perversion of democracy
    The Government has been exposed as dishonest after it was revealed that  they were wrong to claim they paid out $11 million dollars to a Saudi businessmen after legal advice, says Labour’s Foreign Affairs spokesperson David Parker.  “OIAs revealed on ...
    1 week ago
  • Labour supporting Te Reo Māori in schools
    Labour will support a future where New Zealanders from every background will have the ability to use Te Reo Māori in everyday conversations, says Labour’s Deputy Leader and Māori Development spokesperson Kelvin Davis. “Labour will commit to a target that ...
    1 week ago
  • Is National planning a secret fuel tax?
    Sources suggest National is considering a secret fuel tax to fund its controversial Roads of National Significance (RONS) programme, says Labour’s Transport spokesperson Michael Wood. “While the Government keeps up its stream of lies about Labour’s tax policy, sources indicate ...
    1 week ago
  • Labour’s plan for West Coast prosperity
    Labour’s regional development plan for the West Coast will build on its strengths in engineering and tourism, while delivering a much-needed upgrade to the Buller Hospital, says Labour Leader Jacinda Ardern.  “Labour’s vision is for a thriving regional New Zealand, ...
    1 week ago
  • Labour committed to fair and progressive tax system
    Labour is committed to a tax system where everyone pays their fair share and where we start to address the imbalances that have fuelled the housing crisis, says Labour’s Finance spokesperson Grant Robertson and Labour’s Revenue spokesperson Michael Wood. "Today ...
    1 week ago
  • A challenge to Bill English
    ...
    1 week ago
  • Flavell’s fake news an insult to Māori voters
    A desperate Te Ururoa Flavell has resorted to fake news about Labour’s position on his unpopular Ture Whenua reforms, says Labour’s Ikaroa-Rawhiti MP Meka Whaitiri. ...
    1 week ago
  • National’s tax cuts reckless and irresponsible
    It is time for Bill English and Steven Joyce to stop the scaremongering and lies, and front up to New Zealanders about the impact of their tax cuts, Labour’s Finance spokesperson Grant Robertson says. “Bill English has no credibility on ...
    1 week ago
  • Calculator shows Labour’s Families Package delivers
    Labour has launched a new online calculator that show how much extra families with kids will get from Labour’s Families Package, says Leader of the Opposition Jacinda Ardern. “Families can go to www.labour.org.nz/calculator and see how much better off they ...
    1 week ago
  • Strengthening New Zealand’s identity through Labour’s media and film policy
    Labour has today launched its media and film policy aimed at strengthening New Zealand’s identity and providing sustainability for the industry, says Leader of the Opposition Jacinda Ardern. ...
    1 week ago
  • Labour to invest in parents and babies
    Labour will fund an additional 100 Plunket and Tamariki Ora nurses to increase the help available for vulnerable parents and babies, says Leader of the Opposition Jacinda Ardern. “It’s so important that our children get the best start in life. ...
    2 weeks ago
  • Labour to build affordable homes and state houses in Hawke’s Bay
    Labour will build a mix of 240 affordable KiwiBuild starter homes for first home buyers and state homes for families in need in Napier and Hastings, says Leader of the Opposition Jacinda Ardern. “In 2016, the populations of Napier and ...
    2 weeks ago
  • Labour pledges more for Whānau Ora
    Labour will strengthen the oversight of Whānau Ora and provide an extra $20 million over four years to improve outcomes for whānau and families, says Labour’s Deputy Leader Kelvin Davis.    “We’ve created a new position of Whānau Ora Reviewer ...
    2 weeks ago
  • National’s housing band aid
    Throwing subsidies at an under-supplied housing market is one last desperate bid by National to be seen to do something about the housing crisis, says Labour’s Housing spokesperson Phil Twyford.  “First home buyers have been the collateral damage of National’s ...
    2 weeks ago
  • Housing, families, education and environment top priorities in Labour’s first 100 days
    Labour will take urgent action in its first 100 days in office to expand support for families and students, make rental homes warm and dry, find solutions to the mental health crisis and accelerate efforts to clean up our waterways, ...
    2 weeks ago
  • Labour pledges to unlock funding for Te Hiku sports hub project
    The Labour Government will inject nearly $3 million into the Te Hiku Sports Hub project, to help realise a much-needed health and recreational facility for the Far North, says Labour Deputy Leader and MP for Te Tai Tokerau Kelvin Davis. ...
    2 weeks ago
  • Labour’s plan to get job seekers into better work
    Labour will provide real support for people looking for work by increasing the amount of money someone can earn before their benefit begins to reduce, reinstating training incentives, and putting a renewed focus on upskilling and training, says Labour’s Social ...
    2 weeks ago
  • Labour sets strong target and plan for climate action
    Labour will set a target of net zero carbon emissions by 2050 and take the necessary steps to achieve it, says Leader of the Opposition Jacinda Ardern.  “Climate change is my generation’s nuclear-free moment. We have to take our place ...
    2 weeks ago
  • Are education cuts missing in National’s Fiscal Plan?
    National needs to explain why its plans for cuts to school transport have not been announced in its fiscal plan, says Labour’s Education spokesperson Chris Hipkins.   “Buried in the Pre-election Budget update is a $5m a year cut to ...
    2 weeks ago
  • Joyce must come clean on Health and Education funding
    Steven Joyce needs to front up to New Zealanders and tell them whether he will fund health and education to meet increasing cost pressures, or risk seeing services cut and costs increase for parents, says Labour’s Finance spokesperson Grant Robertson.  ...
    2 weeks ago
  • Housing crisis is National’s legacy
    Reports of tenants languishing in boarding houses for years because they cannot get a state house is yet more evidence National’s legacy is the housing crisis, says Labour’s Housing spokesperson Phil Twyford.  “We used to pride ourselves in this country ...
    2 weeks ago
  • Labour calls for release of report into civil defence flaws
    The National Government must stick by its word given to other political parties and release a technical report before the election addressing critical flaws in New Zealand’s civil defence capability, Labour Civil Defence spokesperson Clare Curran said today.  “Cross party ...
    2 weeks ago
  • Credibility shot as Government runs out of steam
    New Zealanders are witnessing the desperation of a government clinging to survival, evidenced by policy on-the-hoof, dodgy maths and dirty politics, says Labour MP Phil Twyford. “New Zealand had been hoping we’d seen the end of dirty politics, but what ...
    2 weeks ago
  • Steven Joyce must apologise to New Zealand
    Steven Joyce needs to front up to New Zealanders and apologise for his patently false and cynical attack on Labour’s Fiscal Plan, says Labour’s Finance spokesperson Grant Robertson. “Every respected economic commentator has come out and said that Labour’s Fiscal ...
    2 weeks ago
  • Bill English didn’t answer because the Oreti is badly polluted
    Last night Bill English was asked by Paddy Gower in the Leader’s Debate: “Which river did he swim in as a kid, and is it now polluted?” Bill English named the Oreti River, but did not answer whether it is ...
    2 weeks ago
  • Nats put out dodgy numbers – again
    National’s promise to increase the number of elective surgeries to 200,000 is bizarre, given Jonathan Coleman has claimed 200,000 electives are already being performed, says Labour’s Health spokesperson David Clark. ...
    2 weeks ago
  • Prime Minister’s Award to encourage young people into trades training
    Labour will introduce a $2,000 award for the best pupil in vocational courses in each public secondary school, says Leader of the Opposition Jacinda Ardern. “We know there’s huge demand for trades workers, particularly in the building sector, where construction ...
    2 weeks ago
  • Not another Nick Smith wild goose chase
    Only the election on September 23 can save the country and the RMA from Nick Smith, say Labour’s Housing spokesperson Phil Twyford and Environment spokesperson David Parker. ...
    2 weeks ago
  • Government supresses Climate Change report
    The Government has deliberately sat on a critical Climate Change report for 5 months which they must now release, election or no election, says Labour’s Climate Change spokesperson Megan Woods.  “I want the report released immediately, so that New Zealanders ...
    3 weeks ago
  • Joyce gets it wrong on Labour’s Fiscal Plan
    Labour’s Fiscal Plan is robust, the numbers are correct and we stand by them despite the desperate and disingenuous digging from an out-the-door Finance Minister, says Labour’s Finance spokesperson Grant Robertson. “Steven Joyce has embarrassed himself. This is a desperate, ...
    3 weeks ago
  • Making renting secure and healthy
    Labour will move to make renting a more stable and healthy experience for families, says Leader of the Opposition Jacinda Ardern. ...
    3 weeks ago