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


    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

  • Tokelau Language Week reminds us to stay united and strong
    Staying strong in the face of challenges and being true to our heritage and languages are key to preserving our cultural identity and wellbeing, is the focus of the 2020 Tokelau Language Week. Minister for Pacific Peoples, Aupito William Sio, says this year’s theme, ‘Apoapo tau foe, i nā tāfea ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • NZ announces a third P-3 deployment in support of UN sanctions
    The Government has deployed a Royal New Zealand Air Force P-3K2 Orion (P-3) maritime patrol aircraft to support the implementation of United Nations Security Council (UNSC) resolutions imposing sanctions against North Korea, announced Minister of Foreign Affairs Winston Peters and Minister of Defence Ron Mark. “New Zealand has long supported ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Pacific trade and development agreement a reality
    Pacific regional trade and development agreement PACER Plus will enter into force in 60 days now that the required eight countries have ratified it. Trade and Export Growth Minister David Parker welcomed the announcement that the Cook Islands is the eighth nation to ratify this landmark agreement. “The agreement represents ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Securing a pipeline of teachers
    The Government is changing its approach to teacher recruitment as COVID-19 travel restrictions continue, by boosting a range of initiatives to get more Kiwis into teaching. “When we came into Government, we were faced with a teacher supply crisis,” Education Minister Chris Hipkins said. “Over the past three years, we ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Border exceptions for a small number of international students with visas
    The Government has established a new category that will allow 250 international PhD and postgraduate students to enter New Zealand and continue their studies, in the latest set of border exceptions. “The health, safety and wellbeing of people in New Zealand remains the Government’s top priority. Tight border restrictions remain ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • First COVID-19 vaccine purchase agreement signed
    The Government has signed an agreement to purchase 1.5 million COVID-19 vaccines – enough for 750,000 people – from Pfizer and BioNTech, subject to the vaccine successfully completing all clinical trials and passing regulatory approvals in New Zealand, say Research, Science and Innovation Minister Megan Woods and Health Minister Chris Hipkins. ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • International statement – End-to-end encryption and public safety
    We, the undersigned, support strong encryption, which plays a crucial role in protecting personal data, privacy, intellectual property, trade secrets and cyber security.  It also serves a vital purpose in repressive states to protect journalists, human rights defenders and other vulnerable people, as stated in the 2017 resolution of the ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Ministry of Defence Biodefence Assessment released
    The Ministry of Defence has today released a Defence Assessment examining Defence’s role across the spectrum of biological hazards and threats facing New Zealand. Biodefence: Preparing for a New Era of Biological Hazards and Threats looks at how the NZDF supports other agencies’ biodefence activities, and considers the context of ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • New Approaches to Economic Challenges: Confronting Planetary Emergencies: OECD 9 October 2020
    New Approaches to Economic Challenges: Confronting Planetary Emergencies: OECD 9 October 2020 Hon David Parker’s response following Thomas Piketty and Esther Duflo. Good morning, good afternoon, and good evening, wherever in the world you might be. I first acknowledge the excellent thought provoking speeches of Thomas Piketty and Esther ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Kaipara Moana restoration takes next step
    A Memorandum of Understanding has been signed today at Waihāua Marae between the Crown, local iwi and councils to protect, restore and enhance the mauri of Kaipara Moana in Northland. Environment Minister David Parker signed the document on behalf of the Crown along with representatives from Ngā Maunga Whakahī, Ngāti ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • New Zealand and Uruguay unite on reducing livestock production emissions
    Agriculture Minister Damien O’Connor and Uruguayan Minister of Livestock, Agriculture and Fisheries Carlos María Uriarte have welcomed the launch of a three-year project that will underpin sustainable livestock production in Uruguay, Argentina, and Costa Rica.  The project called ‘Innovation for pasture management’ is led by Uruguay’s National Institute of Agricultural ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • 3100 jobs created through marae upgrades
    Hundreds of marae throughout the country will be upgraded through investments from the Provincial Growth Fund’s refocused post COVID-19 funding to create jobs and put money into the pockets of local tradespeople and businesses, Regional Economic Development Minister Shane Jones and Māori Development Minister Nanaia Mahuta have announced. “A total ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Health volunteers recognised in annual awards
    Health Minister Chris Hipkins has announced 9 teams and 14 individuals are the recipients of this year’s Minister of Health Volunteer Awards.  “The health volunteer awards celebrate and recognise the thousands of dedicated health sector volunteers who give many hours of their time to help other New Zealanders,” Mr Hipkins ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Community COVID-19 Fund supports Pacific recovery
    The Minister for Pacific Peoples, Aupito William Sio says a total of 264 groups and individuals have successfully applied for the Pacific Aotearoa Community COVID-19 Recovery Fund, that will support Pacific communities drive their own COVID-19 recovery strategies, initiatives, and actions. “I am keen to see this Fund support Pacific ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Community benefits from Māori apprenticeships
    Up to 50 Māori apprentices in Wellington will receive paid training to build houses for their local communities, thanks to a $2.75 million investment from the Māori Trades and Training Fund, announced Employment Minister Willie Jackson today. “This funding will enable Ngāti Toa Rangatira Incorporated to provide its Ngā Kaimahi ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Training fund supports Māori jobseekers
    Rapidly growing sectors will benefit from a $990,000 Māori Trades and Training Fund investment which will see Wellington jobseekers supported into work, announced Employment Minister Willie Jackson today. “This funding will enable Sapphire Consultants Ltd. to help up to 45 Māori jobseekers into paid training initiatives over two years through ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Ruakura Inland Port development vital infrastructure for Waikato
    The Government is investing $40 million to develop an inland port at Ruakura which will become a freight super-hub and a future business, research and residential development for the Waikato, Urban Development and Transport Minister Phil Twyford, and Māori Development Minister Nanaia Mahuta announced today. The funding has been has ...
    BeehiveBy beehive.govt.nz
    3 weeks ago
  • Appointments made to Defence Expert Review Group
    Defence Minister Ron Mark announced today the establishment of an Expert Review Group to review a number of aspects of the New Zealand Defence Force’s (NZDF) structure, information management and record-keeping processes.  The Expert Review Group’s work arises out of the first recommendation from the Report of the Government’s Inquiry ...
    BeehiveBy beehive.govt.nz
    3 weeks ago
  • No active community cases of COVID-19
    There are no active community cases of COVID-19 remaining in the country after the last people from the recent outbreak have recovered from the virus, Health Minister Chris Hipkins said today. “This is a big milestone. New Zealanders have once again through their collective actions squashed the virus. The systems ...
    BeehiveBy beehive.govt.nz
    3 weeks ago
  • Clean energy upgrade for more public buildings
    More public buildings will be supported by the Government to upgrade to run on clean energy, the Minister for Climate Change James Shaw announced today. Minister Shaw announced that Lincoln and Auckland universities will receive support through the Clean-Powered Public Service Fund to replace fossil fuel boilers. Southern, Taranaki, and ...
    BeehiveBy beehive.govt.nz
    3 weeks ago
  • Schools back donations scheme for the second year
    More schools have opted in to the donations scheme for 2021, compared to 2020 when the scheme was introduced. “The families of more than 447,000 students will be better off next year, with 94% of eligible schools and kura opting into the scheme,” Education Minister Chris Hipkins said. “This is ...
    BeehiveBy beehive.govt.nz
    3 weeks ago