web analytics

S92A: Campbell Smith is finally removing his head from his…

Written By: - Date published: 2:59 pm, March 9th, 2009 - 5 comments
Categories: activism - Tags:

Sometimes the myopia of RIANZ is breath taking. Campbell Smith, its chief executive, has written an dialogue piece in the NZ Herald. “Anti-piracy law a reasonable way to protect artist rights“. He obviously has been listening over the last month – just not enough yet – and obviously not enough to put money to the problem.

I said in my post for the blackout:-

Section 92A are appears to be unworkable and lack any equity or justice. It is an attempt to perform an important task on the cheap. There needs to be a body of people trained in copyright law and the net to make rapid decisions – especially about the critical issue of false accusations. The court system is obviously too slow and cumbersome for any serious level of net adjudication. This is all going to cost real money, something that all parties appear to not want to consider. The intent of this clause is laudable. Its implementation looks like crap.

Campbell reiterates the current state of the S92A without a workable code of conduct

What would happen is simple. Right holders could log on to public file-sharing sites, just as anyone can, and note which IP addresses are being used to upload pre-release music or films or large amounts of copyright-infringing material.

They would then prepare evidence, complete with details of the names of the copyrighted files being uploaded, exact timestamps and the protocol used, and send it to the relevant ISP. They would never see the personal details of the person behind that IP address.

The ISP would then contact its user and warn them that they were breaking the law, advise them not to do it again and provide details of where to enjoy music legally online.

The first bit is fine and in essence if exactly what most ISP’s do now. However the next bit is the problem…

If the user kept breaking the law the ISP could close the internet account.

I have no wish to have one or more complaints about images or words from a wingnut or the National or ACT party, or Crosby/Textor or anyone else that we offend, being able to shut down this site at will. In Campbell’s scenario, no-one has seriously looked at that evidence apart from the person making the accusation. The ISP’s wouldn’t know what they were looking at, especially the smaller ones.

What he is describing is what the current S92A without an agreement between the various parties for a code of conduct would amount to – shutdown on accusation(s). This is the reason that there has been widespread opposition across the net content providers. This is the current state of the play and why the implementation of this act will be forced to a standstill or sites like this one move to offshore hosting. Because Campbell still hasn’t looked at what this act would mean for any copyright. For instance his ugly mug at the top of this post (linked over from the NZ Herald). It would be easy for him or the Herald to claim copyright on despite it being in the public domain, and this site not actually having a copy of it.

However Campbell may be extracting his head and entering reality:-

I agree with the proposition that users should be able to flag to an independent adjudicator anything they regard as mistaken evidence. This is no sledgehammer. On the contrary, it is a reasonable and much preferable alternative to the lawsuits we’ve seen in other countries.

I’d almost agree with that – if such a adjudication body existed and was funded then a code of conduct could be framed around that not only for the piracy that his organization is concerned with, but also for the other parts of the net that are also impacted – like this site.

If such a body existed then the rights holder or the ISP has to submit the evidence to that adjudication body to establish a prima-facie case before moving down the chain from company or hosting site to the end-user. That will get rid of the malicious accusations, especially if the code of conduct says that the cost of the adjudication of a false claim is borne by the accuser. Obviously some standards of proof would be established pretty fast, and the majority of complaints that are clearcut could be whistled through at net speeds. But it will be expensive especially when the first accusations are handled.

Something like that would put enough checks and balances in the system to have a extra-legal system, that would still allow recourse to the courts for the edge decisions.

Since this section appears to be primarily for Campbell’s members benefit, then it should also be that they are willing to help fund it. They could start the ball rolling in the negotiation now and say how much. Otherwise this is all flatuence.

Given that, who knows, even this government may come to the party as well as the ISP’s, movie makers, and others. It’d be simpler, faster and cheaper than using the court system. In effect it is a type of common insurance for all these groups.

In the meantime, I’ll continue my plans to move this site offshore and out of the range of this unworkable section – because Campbell and RIANZ look like they’re pretty slow.

5 comments on “S92A: Campbell Smith is finally removing his head from his…”

  1. vidiot 1

    Lynn seen this wee gem ? http://www.stuff.co.nz/technology/2130185/Curran-issues-copyright-talks-invitation

    “The Labour Party will invite organisations with an interest in copyright law to informal talks this month.

    Communications spokeswoman Clare Curran says the goal will be to try to thrash out agreement on the wider issues of copyright, following controversy over section 92a of the Copyright Act, which would oblige internet service providers “in appropriate circumstances” to cut off “repeat copyright infringers”.

    The talks would help Labour form a view about what it would do when it returned to power.

    “There should be a group talking about the big issues. Someone has got to take the initiative.”

    Ms Curran has recommended that section 92a be rewritten so that the Government would have the final say on endorsing and giving legal effect to any agreement between copyright owners and internet providers that set out how they would interpret their obligations.”

    Not wanting to burst Clares bubble, but aren’t industry (ISP & RIANZ) currently trying to come to some agreement on this. What will some other 3rd party talk-fest achieve ? And hopefully we can see this issue dead & buried before 2011 or longer.

    captcha: ViewsPlenty (yes we can agree on that)

    • lprent 1.1

      Haven’t seen it. But the issue probably won’t go away. However it should get tied in to questions about how to make nz more desirable to host in. This new site in Utah costs a sixth of the local site

  2. Felix 2

    Absolutely.

    An independent adjudicating body should be the first port of call for rights holders, not a backstop for when wild west kangaroo justice fails.

  3. Vidiot: “Not wanting to burst Clares bubble, but aren’t industry (ISP & RIANZ) currently trying to come to some agreement on this.”

    They were, but things have since broken down again. So maybe it’ll take litigation to sort things out.

    • lprent 3.1

      Wasn’t that predicable. That is why I’ve carried on setting up an offshore site – which we need anyway. Turns out it is a *lot* cheaper to me. It just does tragedy of commons problem because it assists in making the southern cross more expensive if enough people site offshore for what are local systems.

      The problem really is that they have to get someone external who knows something about copyright, and someone who knows about the net (including how to pirate) to thrash out a working code of conduct that the courts will accept.

      That will cost money. That is what the parties aren’t talking about. They are trying to do it on the cheap.

Recent Comments

Recent Posts

  • Christ Church Cathedral – Order in Council
    Views sought on Order in Council to help fast track the reinstatement of the Christ Church Cathedral  The Associate Minister for Greater Christchurch Regeneration, Hon Poto Williams, will be seeking public written comment, following Cabinet approving the drafting of an Order in Council aimed at fast-tracking the reinstatement of the ...
    BeehiveBy beehive.govt.nz
    57 mins ago
  • New Zealanders’ human rights better protected in new Bill
    The law setting out New Zealanders’ basic civil and human rights is today one step towards being strengthened following the first reading of a Bill that requires Parliament to take action if a court says a statute undermines those rights. At present, a senior court can issue a ‘declaration of ...
    BeehiveBy beehive.govt.nz
    11 hours ago
  • Deep concern at Hong Kong national security legislation
    Foreign Affairs Minister Winston Peters today reiterated the deep concern of the New Zealand Government following confirmation by China’s National People’s Congress of national security legislation relating to Hong Kong. “New Zealand shares the international community’s significant and long-standing stake in Hong Kong’s prosperity and stability,” Mr Peters said. “New Zealand ...
    BeehiveBy beehive.govt.nz
    14 hours ago
  • Government invests in New Zealand’s cultural recovery
    Thousands of artists and creatives at hundreds of cultural and heritage organisations have been given much-needed support to recover from the impact of COVID-19, Prime Minister and Minister for Arts, Culture and Heritage Jacinda Ardern announced today. “The cultural sector was amongst the worst hit by the global pandemic,” Jacinda ...
    BeehiveBy beehive.govt.nz
    14 hours ago
  • Better protection for New Zealand assets during COVID-19 crisis
    Key New Zealand assets will be better protected from being sold to overseas owners in a way contrary to the national interest, with the passage of the Overseas Investment (Urgent Measures) Bill. The Bill, which passed its third reading in Parliament today, also cuts unnecessary red tape to help attract ...
    BeehiveBy beehive.govt.nz
    17 hours ago
  • Cleaning up our rivers and lakes
    Setting higher health standards at swimming spots Requiring urban waterways to be cleaned up and new protections for urban streams Putting controls on higher-risk farm practices such as winter grazing and feed lots Setting stricter controls on nitrogen pollution and new bottom lines on other measures of waterway health Ensuring ...
    BeehiveBy beehive.govt.nz
    19 hours ago
  • Record year for diversity on Govt boards
    The Government is on the verge of reaching its target of state sector boards and committees made up of at least 50 percent women, says Minister for Women Julie Anne Genter and Minister for Ethnic Communities Jenny Salesa. For the first time, the Government stocktake measures the number of Māori, ...
    BeehiveBy beehive.govt.nz
    24 hours ago
  • New appointments to the Commerce Commission
    The Commerce and Consumer Affairs Minister and Broadcasting, Communications and Digital Media Minister, Kris Faafoi, has today announced the appointment of Tristan Gilbertson as the new Telecommunications Commissioner and member of the Commerce Commission. “Mr Gilbertson has considerable experience in the telecommunications industry and a strong reputation amongst his peers,” ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Historic pay equity settlement imminent for teacher aides
    The Ministry of Education and NZEI Te Riu Roa have agreed to settle the pay equity claim for teacher aides, Education Minister Chris Hipkins announced today. This will see more than 22,000 teacher aides, mostly women, being valued and paid fairly for the work they do. “Teacher aides are frontline ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Govt delivers security for construction subcontractors
    Subcontractors will have greater certainty, more cashflow support and job security with new changes to retention payments under the Construction Contracts Act says Minister for Building and Construction, Jenny Salesa. A recent review of the retentions money regime showed that most of the building and construction sector is complying with ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • New Zealand and Singapore reaffirm ties
    Prime Minister Jacinda Ardern and Singapore Prime Minister Lee Hsien Loong have marked the first anniversary of the New Zealand-Singapore Enhanced Partnership with a virtual Leaders’ Meeting today. The Enhanced Partnership, signed on 17 May 2019, provides the framework for cooperation across the four main areas of trade, defence and ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • JOINT STATEMENT BY THE PRIME MINISTERS OF NEW ZEALAND AND THE REPUBLIC OF SINGAPORE ON THE FIRST AN...
    On 17 May 2019, New Zealand and Singapore established an Enhanced Partnership to elevate our relations. The Enhanced Partnership – based on the four pillars of trade and economics, security and defence, science, technology and innovation, and people-to-people links – has seen the long-standing relationship between our countries strengthen over the ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Government investment supports the acquisition of new Interislander ferries
    State-Owned Enterprises Minister Winston Peters has welcomed KiwiRail’s announcement that it is seeking a preferred shipyard to build two new rail-enabled ferries for the Cook Strait crossing. “This Government is committed to restoring rail to its rightful place in New Zealand. Bigger, better ships, with new technology are yet another ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Better protection for seabirds
    Better protection for seabirds is being put in place with a new National Plan of Action to reduce fishing-related captures, Fisheries Minister Stuart Nash and Conservation Minister Eugenie Sage announced today.   The National Plan of Action for Seabirds 2020 outlines our commitment to reduce fishing-related captures and associated seabird ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Milestone in cash flow support to SMEs
    Almost $1 billion in interest-free loans for small businesses More than 55,000 businesses have applied; 95% approved Average loan approx. $17,300 90% of applications from firms with ten or fewer staff A wide cross-section of businesses have applied, the most common are the construction industry, accommodation providers, professional firms, and ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Government protects kids as smoking in cars ban becomes law
    Thousands of children will have healthier lungs after the Government’s ban on smoking in cars with kids becomes law, says Associate Minister of Health Jenny Salesa. This comes after the third reading of Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Bill earlier today. “This law makes it ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Parliament returns to a safe normal
    The special Epidemic Response Committee (ERC) has successfully concluded its role, Leader of the House Chris Hipkins said today. The committee was set up on 25 March by the agreement of Parliament to scrutinise the Government and its actions while keeping people safe during levels 4 and 3 of lockdown. ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Foreign Minister makes four diplomatic appointments
    Foreign Affairs Minister Winston Peters today announced four diplomatic appointments: New Zealand’s Ambassador to Belgium, High Commissioners to Nauru and Niue, and Ambassador for Counter-Terrorism. “As the world seeks to manage and then recover from COVID-19, our diplomatic and trade networks are more important than ever,” Mr Peters said. “The ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • New Bill to counter violent extremism online
    New Zealanders will be better protected from online harm through a Bill introduced to Parliament today, says Internal Affairs Minister Tracey Martin. “The internet brings many benefits to society but can also be used as a weapon to spread harmful and illegal content and that is what this legislation targets,” ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Mycoplasma bovis eradication reaches two year milestone in good shape
    New Zealand’s world-first plan to eradicate the cattle disease Mycoplasma bovis is on track the latest technical data shows, says Agriculture and Biosecurity Minister Damien O’Connor. “Two years ago the Government, DairyNZ and Beef + Lamb New Zealand and industry partners made a bold decision to go hard and commit ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • New payment to support Kiwis through COVID
    Further support for New Zealanders affected by 1-in-100 year global economic shock 12-week payment will support people searching for new work or retraining Work programme on employment insurance to support workers and businesses The Government today announced a new temporary payment to support New Zealanders who lose their jobs due ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • PGF reset helps regional economies
    The Provincial Growth Fund will play a vital role in New Zealand’s post-COVID-19 recovery by creating jobs in shorter timeframes through at least $600 million being refocused on projects with more immediate economic benefits, Regional Economic Development Minister Shane Jones has announced. The funding is comprised of repurposed Provincial Growth ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Government exempts some home improvements from costly consents
    Government exempts some home improvements from costly consents Homeowners, builders and DIYers will soon have an easier time making basic home improvements as the Government scraps the need for consents for low-risk building work such as sleep-outs, sheds and carports – allowing the construction sector to fire back up quicker ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Concern at introduction of national security legislation for Hong Kong
    Foreign Affairs Minister Winston Peters says the New Zealand Government has reacted with concern at the introduction of legislation in China’s National People’s Congress relating to national security in Hong Kong.  “We have a strong interest in seeing confidence maintained in the ‘one country, two systems’ principle under which Hong ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Samoa Language Week theme is perfect for the post-COVID-19 journey
    The Minister for Pacific Peoples Aupito William Sio, says the theme for the 2020 Samoa Language Week is a perfect fit for helping our Pacific communities cope with the unfolding COVID-19 crisis, and to prepare now for the journey ahead as New Zealand focuses on recovery plans and rebuilding New ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Adult kakī/black stilt numbers soar
    A nearly 40-year programme to protect one of New Zealand’s most critically endangered birds is paying off, with a record number of adult kakī/black stilt recently recorded living in the wild, the Minister of Conservation Eugenie Sage announced today. “Thanks to the team effort involved in the Department of Conservation’s ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Waikato-Tainui settlement story launched on 25th anniversary of Treaty signing
    The story of the Waikato-Tainui Treaty process and its enduring impact on the community is being told with a five-part web story launched today on the 25th anniversary of settlement, announced Associate Arts, Culture and Heritage Minister Carmel Sepuloni. “I am grateful to Waikato-Tainui for allowing us to help capture ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Taita College to benefit from $32 million school redevelopment
    Taita College in the Hutt Valley will be redeveloped to upgrade its ageing classrooms and leaky roofs, Education Minister Chris Hipkins announced today. “The work is long overdue and will make a lasting difference to the school for generations to come,” Chris Hipkins said. “Too many of our schools are ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Redeployment for workers in hard-hit regions
    The Government is allocating $36.72 million to projects in regions hard hit economically by COVID-19 to keep people working, Economic Development Minister Phil Twyford and Regional Economic Development Minister Shane Jones announced today. Projects in Hawke’s Bay, Northland, Rotorua and Queenstown will be funded from the Government’s $100 million worker ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • $35m to build financial resilience for New Zealanders
    A $35m boost to financial capability service providers funded by MSD will help New Zealanders manage their money better both day to day and through periods of financial difficulty, announced Social Development Minister Carmel Sepuloni. “It’s always been our position to increase support to key groups experiencing or at risk ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New District Court Judge appointed
    Dunedin barrister Melinda Broek has been appointed as a District Court Judge with Family Court jurisdiction to be based in Rotorua, Attorney-General David Parker announced today. Ms Broek has iwi affiliations to Ngai Tai. She commenced her employment in 1996 with Scholefield Cockroft Lloyd in Invercargill specialising in family and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • $206 million investment in upgrades at Ohakea Air Force Base
    The Coalition Government has approved a business case for $206 million in upgrades to critical infrastructure at Royal New Zealand Air Force Base Ohakea, with the first phase starting later this year, Defence Minister Ron Mark announced today. The investment will be made in three phases over five years, and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Review of CAA organisational culture released
    Transport Minister Phil Twyford today released the Ministry of Transport’s review of the organisational culture at the Civil Aviation Authority. Phil Twyford says all employees are entitled to a safe work environment. “I commissioned this independent review due to the concerns I had about the culture within the CAA, and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New Board appointed at Stats NZ
    Ensuring that Stats NZ’s direction and strategy best supports government policy decisions will be a key focus for a new Governance Advisory Board announced today by the Minister for Statistics, James Shaw. The new Governance Advisory Board will provide strategic advice to Stats NZ to ensure it is meeting New ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New Principal Environment Judge
    Environment Judge David Kirkpatrick of Auckland has been appointed as the Principal Environment Judge, Attorney-General David Parker announced today.  Judge Kirkpatrick was appointed an Environment Judge in February 2014. From December 2013 to July 2016 he was Chair of the Auckland Unitary Plan Independent Hearings Panel. Prior to appointment he ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Digital connectivity boost for urban marae
    A programme to connect marae around the country to the internet has received $1.4 million to expand to include urban marae in Auckland, Wellington and Christchurch, Broadcasting, Communications and Digital Media Minister Kris Faafoi and Regional Economic Development Minister Shane Jones announced today. The funding for the Marae Connectivity Programme ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Govt increases assistance to drought-stricken Hawke’s Bay farmers
    The Government will provide $500,000 to the Hawke’s Bay Mayoral Drought Relief Fund to help farmers facing one of the worst droughts in living memory, says Agriculture Minister Damien O’Connor. “Yesterday afternoon I received a letter from Hawke's Bay's five local Government leaders asking me to contribute to the Fund. ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Investment in New Zealand’s history
    Budget 2020 provides a major investment in New Zealand’s documentary heritage sector, with a commitment to leasing a new Archives Wellington facility and an increase in funding for Archives and National Library work. “Last year I released plans for a new Archives Wellington building – a purpose-built facility physically connected ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Driving prompt payments to small businesses
    Government Ministers are asking significant private enterprises to adopt prompt payment practices in line with the state sector, as a way to improve cashflow for small businesses. The Ministers of Finance, Small Business, Commerce and Consumer Affairs have written to more than 40 significant enterprises and banking industry representatives to ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Rotorua tourist icon to be safeguarded
    Maori Arts and Crafts will continue to underpin the heart of the tourism sector says Minister for Maori Development Nanaia Mahuta.  “That’s why we are making a core investment of $7.6 million to Te Puia New Zealand Māori Arts and Crafts Institute, over two years, as part of the Government’s ...
    BeehiveBy beehive.govt.nz
    1 week ago