Hard News by Russell Brown

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Hard News: The file-sharing bill

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  • Russell Brown, in reply to giovanni tiso,

    Yes, because Google is the Friend of the People, eh?

    It's more that Google will give stuff away in return for being allowed to watch you use it. Which you may or may not find pervy.

    Auckland • Since Nov 2006 • 22843 posts Report Reply

  • Sacha, in reply to Russell Brown,

    The Farmer case would not and could not, I think, have been pursued by a public defender

    It's what happens when you get laws made by people who know the cost of everything and the value of nothing.

    Next, cost-benefit assessments determining police pursuits as in George Lucas's first movie THX1138. The sheer efficiency would get Simon Power all moist.

    Ak • Since May 2008 • 19735 posts Report Reply

  • Sacha, in reply to giovanni tiso,

    Google is the Friend of the People

    No, but at least their business models are from this century.

    pervy

    I hadn't thought about it like that, but you're right :)

    Ak • Since May 2008 • 19735 posts Report Reply

  • giovanni tiso, in reply to Sacha,

    No, but at least their business models are from this century

    Yeah, see, this bugs me a little. The question in the area of copyright is how to look after the makers of content and the public, which in a capitalist system will likely mean some sort of commercial intermediary that sells or in some ways distributes to the latter the products of the former. And the answer can't be simply to side with the intermediary whose business model is more current, surely.

    To put it another way: the problem of the coming decade will be how to curb the power of Google, Apple and Facebook, not how to increase it. It increases by itself precisely because they have a very powerful business model.

    Wellington • Since Jun 2007 • 7473 posts Report Reply

  • Rich of Observationz,

    I see it completely the other way round. The *worse* the law, the more it would discredit the corporate protection/free trade agenda. It would be quite likely that those being fined and having their Internet cut off would be Karori mums with offspring who downloaded a few torrents and left it seeding. That would radicalise people and move the voting mass to the left.

    Even with a watered down measure, it's done that. A few hundred people who maybe last time voted National for the tax cuts are going to vote Green in November. So are disgruntled business people who've had their workplace in Christchurch confiscated by an unaccountable bureaucracy.

    That won't be enough to make a difference of course. Most voters will just see it as a choice between two parties with similar agendas, one led by a charismatic John Key and the other, barely, by Phil Goff. They'll vote for the real National party, not the fake one.

    Back in Wellington • Since Nov 2006 • 5550 posts Report Reply

  • Sacha,

    Loved your Humans post, Gio #kiaora

    Ak • Since May 2008 • 19735 posts Report Reply

  • Sacha,

    Labour's lack of spine over CERA has cost The Standard one of its authors (h/t Danyl).

    Labour should have said: ‘we want special legislation and a commission for Christchurch but this law is a naked power grab beyond any justification. We have been lied to repeatedly through out this process, so we do not feel we can trust Brownlee with these powers. If the following amendments are made (give amendments limiting the power to override legislation to only specified Acts, putting power in Commissioners’ hands not Brownlee’s, and establishing proper rights of appeal) we will vote for this law. Otherwise, in good conscience, and as representatives of the people of New Zealand entrusted by them to defend their democracy, we cannot.’

    The millions of Kiwis who are suffering under National need a Labour worth voting for. Every time Labour lets itself be tripped up by petty squabbles, by indecision, by fear of standing up and defending its principles, it is we New Zealanders who lose. CERA is just one example.

    I desperately, desperately want a Labour-led leftwing government at the end of this year. It fills me with dread to think what Christchurch and the rest of New Zealand will look like if National is allowed to plunder it for another three years. But I can’t go into battle for the Left’s ideals every day when our parliamentary representatives go and do this to us.

    Ak • Since May 2008 • 19735 posts Report Reply

  • giovanni tiso, in reply to Sacha,

    Loved your Humans post, Gio #kiaora

    Thank you Sacha.

    Wellington • Since Jun 2007 • 7473 posts Report Reply

  • Stephen Judd, in reply to Kyle Matthews,

    . Despite the world moving substantially over the past 20 years to adopt green ideas, the Greens aren’t gaining substantial support

    This month in Germany the Greens have overtaken the SPD to become the largest opposition party. My understanding is that the nuclear disaster in Japan had a lot to do with the surge in their support, but it’s impressive and surprising to me nonetheless.

    Wellington • Since Nov 2006 • 3122 posts Report Reply

  • nzlemming, in reply to Sacha,

    Serious question I haven't seen an answer to: was there an agreement between Labour and National not to vote for any supplementaries like Hughes's as part of securing suspension of the termination provision?

    No-one has admitted that, that I know of, but it's the only thing that would explain both their behaviour in the House and the post on Red Alert.

    Waikanae • Since Nov 2006 • 2935 posts Report Reply

  • Sacha,

    Expert discussion about the copyright legislation by TUANZ CEO Paul Brislen and the Science Media Centre's Peter Griffin on Radio NZ this mornng - stream, 20min or MP3, 7.2MB.

    Ak • Since May 2008 • 19735 posts Report Reply

  • Sacha, in reply to giovanni tiso,

    And the answer can't be simply to side with the intermediary whose business model is more current, surely.

    To put it another way: the problem of the coming decade will be how to curb the power of Google, Apple and Facebook, not how to increase it. It increases by itself precisely because they have a very powerful business model.

    I do agree with that. Just shifting the power away from the dinosaurs of Hollywood and the 1970s music industry would help, but no way is it enough. Initiatives like Flattr are probably part of the answer, but the whole regulatory landscape needs to ensure that the correct parties have their rights and responsibilities balanced, as you note.

    It irks me when industry lobbyists get away with conflating benefit to creators with intermediaries like publishers who end up being the rights-holders where it counts. Muso Michelle Shocked made some cogent points about that relationship in her interview broadcast yesterday on Radio NZ, just as Steve Albini did years earlier.

    There are parallels with ACC being re-cast recently as a relationship with the employer rather than the employee - which is similarly not being challenged adequately by the 'opposition'.

    Ak • Since May 2008 • 19735 posts Report Reply

  • Craig Ranapia, in reply to Sacha,

    Expert discussion about the copyright legislation by TUANZ CEO Paul Brislen and the Science Media Centre’s Peter Griffin on Radio NZ this mornng – stream, 20min or MP3, 7.2MB.

    I found it rather odd, however that (I think) Paul cited Doctor Who as a case study in old media fail, when the BBC has pretty aggressively moved to make “piracy” less attractive – the new series is screening in the US the same day as the UK première, Australia a week later and (if Prime following the same script as the last series) we’re going to be waiting weeks not months. Which I don’t actually think is totally unreasonable.

    Domestically, I’d also note the final series of Outrageous Fortune was on DVD literally the day after the finale was broadcast. I think that's more of a win-win for all parties than an ill-conceived and unworkable piece of legislation that shouldn't have passed at all, let alone under urgency.

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

  • Sacha, in reply to Craig Ranapia,

    I think that's more of a win-win for all parties

    Quite. It's adapting business models in ways that did not require a law change - and it shows up the industry's refusal to do it more widely.

    I recall reading somewhere in the lead-up that our recently-passed law makes it illegal again to avoid regional encoding of DVDs (which like staggered release dates brings only harm for consumers). Progress?

    Ak • Since May 2008 • 19735 posts Report Reply

  • Craig Ranapia,

    I recall reading somewhere in the lead-up that our recently-passed law makes it illegal again to avoid regional encoding of DVDs (which like staggered release dates brings only harm for consumers). Progress?

    This is where I start getting confused. As I understand the law, it’s perfectly legal for me to (say) go on holiday to London, drop a bomb at the BFI Filmstore on films that are not available in New Zealand (and which local distributors would probably not find commercially viable to distribute in New Zealand) and import them as long as I pay relevant duties and they don’t fall foul of censorship legislation. But I can’t actually play them on my legally purchased region-free player?

    No, I don’t think that’s progress in any sense that I understand.

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

  • Sacha, in reply to Craig Ranapia,

    But I can’t actually play them on my legally purchased region-free player?

    I believe that would count as circumventing TPMs, yes. One of our friendly local IP lawyers might want to confirm or correct that.

    Ak • Since May 2008 • 19735 posts Report Reply

  • nzlemming, in reply to Craig Ranapia,

    But I can’t actually play them on my legally purchased region-free player?

    Um, no? I don’t know which part of the law you’re thinking of but that’s not my understanding at all. As long as it’s for your personal use, you’re free to watch it, and even copy it across to your iPad or whatever. You can’t give away copies and you can’t play it in a public situation, like a pub, nor can you charge money to show it to people, and gods help you if you put a copy online for people to download.

    The region-free thing is part of what’s under attack in the TPPA.

    ETA Just saw Sacha’s comment about TPMs. The TPM section is a dog’s breakfast, as legislation goes. I don’t think it specifically prohibits the action Craig describes, though it gives enough purchase for a determined lawyer to have a go in court. But it’s more about making copies and breaking TPM to do so, rather than viewing copyright works as intended.

    PS IANAL

    Waikanae • Since Nov 2006 • 2935 posts Report Reply

  • Craig Ranapia, in reply to nzlemming,

    Um, no?

    Good to know, I think. I still struggling to see who exactly the TPPA is supposed to benefit though...

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

  • nzlemming, in reply to Craig Ranapia,

    Good to know, I think. I still struggling to see who exactly the TPPA is supposed to benefit though.

    The US, silly. No-one else gets any benefit at all.

    Waikanae • Since Nov 2006 • 2935 posts Report Reply

  • Phil Lyth,

    Lianne Dalziel has blogged on copyright and the use of urgency, including Curran's role.

    Worth a read IMHO.

    Wellington • Since Apr 2009 • 458 posts Report Reply

  • Sacha, in reply to Phil Lyth,

    It's just another self-obsessed defensive rant that refuses to acknowledge responsibility.

    Unless Labour gets over themselves right now, everyone else is due for another three years of being dicked over by a government that any competent opposition would be ripping to shreds. Pathetic.

    Ak • Since May 2008 • 19735 posts Report Reply

  • Russell Brown,

    @Sacha

    I recall reading somewhere in the lead-up that our recently-passed law makes it illegal again to avoid regional encoding of DVDs (which like staggered release dates brings only harm for consumers). Progress?

    Not the filesharing bill, no. That's in the US position on TPPA. I don't think there has been any move at all to ban region-free players. MED lawyers have specifically argued that region coding should not be protect in the past. I think people are going off the deep end a bit about about this bill.

    Auckland • Since Nov 2006 • 22843 posts Report Reply

  • Sacha, in reply to Russell Brown,

    Not the filesharing bill, no. That's in the US position on TPPA.

    Ta. Quite possible that's what I was reading about

    Ak • Since May 2008 • 19735 posts Report Reply

  • Stephen Judd, in reply to Sacha,

    It's just another self-obsessed defensive rant that refuses to acknowledge responsibility.

    Is it? The distinction between bills that have been through the select committee process (the Copyright stuff) and bills that have been rammed through without (CERRA) seems important to me. I actually feel a bit misled by the news coverage on this point.

    Wellington • Since Nov 2006 • 3122 posts Report Reply

  • Craig Ranapia, in reply to Phil Lyth,

    Lianne Dalziel has blogged on copyright and the use of urgency, including Curran’s role.

    FFS, nobody I’d take at all seriously is saying Labour should engage in knee-jerk opposition for the sake of it and not even David Farrar and Grant Robertson (who’ve done an excellent bipartisan attack on abuse of urgency) are saying extending sitting hours so the House can sit on Wednesday are a “constitutional outrage”.

    But where the hell was the public interest in passing the Copyright Bill under any form of urgency, really? I’ve pretty much given up calling Labour out on its tendency to say “this sucks” to sector groups (GST increase, earthquake legislation etc.), but voting for it’s passage and/or adding insult to injury by getting rather coy about committing to repeal. Can’t have it both ways, sweeties.

    I know neither Labour nor National seem interested, but how about taking a fucking stand on something -- anything -- and sticking to it?

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

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