Speaker: Copyright Must Change
2201 Responses
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Requirements for notice of infringement
A notice referred to in section 92C(3) must—
“(a) contain the information prescribed by regulations made under this Act; and
“(b) be signed by the copyright owner or the copyright owner’s duly authorised agent.So. for the ISP to send you the infringement notice it has to contain the signature of the copyright holder or his/her authorised agent. Can of worms there. Either the ISP, upon discovering copyrighted material, has to track down the copyright holder or their agent or the copyright holder instructs the ISP to issue the notice and he has to sign it. I suspect many ISPs will end up with stacks of forms awaiting signatures, which when signed, will have to be posted out to the infringing party. a signature is a signature, you can't do that by eMail.
As all of this cost the ISP time and money, how long until ISPs develop a "blacklist" of users and effectively ban certain individuals from teh internets?
In light of recent statements from such as the International Federation of the Phonographic Industry (IFPI) (and I don't even own a phonograph) such asMost music will eventually be accessed over smartphones such as Apple's iPhone and Research In Motion's BlackBerry, said Terry McBride, who manages Sarah McLachlan and Avril Lavigne.
Ref
what next? banning people from having cell phones?
All this kneejerk reaction stuff forced on us by governments that cow tow to the media industry is bollocks, plain and simple.
I guess musicians will have to sing for their supper instead of sitting on their boney arses waiting for their fans to play their tunes for them.
As for take down notices to Youtube because you can hear a tune playing in the background of the video of babies first steps, gimmee a friggin break! As if a punter is not going to by a cd because he can hear the song in the background of a Youtube clip. These guys must be fuckin' nuts. If you cant make money out of something and all your interested in is money then naff offf and do somthing else.
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I guess musicians will have to sing for their supper instead of sitting on their boney arses waiting for their fans to play their tunes for them.
wow, that shows and impressive insight and understanding of the situation. you should get a job as a judge, or someones elderly dad.
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wow, that shows and impressive insight and understanding of the situation.
Thanks Rob, I'm glad we agree.
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I'm glad we agree.
why wouldn't we, there is after all only one side to any given story.
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what next? banning people from having cell phones?
have nz mobile providers got on board with lowering data costs on local networks. last time I used a cell phone for anything other than txting and calling the charges were ridiculous. a 700 meg movie over mobile? what would that cost?
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As all of this cost the ISP time and money
Exactly.
Also consider what is the standard of evidence is required in refuting any allegation of infringement? Who sets those standards & reviews them later to ensure that they are being adhered to? Is there a secondary process allowing either party to appeal the outcome of an allegation that was successfully or unsuccessfully refuted?How is all of this funded?
Who should be paying for the pleasure of the scheme? Should it be the parties deriving benefit, or the ISP via their customers?
Why shouldn't ISP's be able to claim that their core business is data provision, not copyright enforcement?
What will happen to the competitiveness of the ISP market? Will the increased amount of administrative overhead drive some of the smaller players out, pushing more punters to the big players, who sensing the protection of the administrative barrier be more able to dictate terms to consumers?
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How is all of this funded?
who pays for customs and airport checks.
that's a transport system that is susceptible to misuse where they have installed security checks on boarding and security checks for cargo for drugs, and other illegal items.there are some parallels there. where does the money come to cover that?
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What will happen to the competitiveness of the ISP market?
We haven't really hit a competitive market yet.
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robbery - you've hit it: there is not a truly competetive market here (or, I would suggest, elsewhere.)
jon.knox- you raise the interesting questions - and no -say- writer can have anything to do with this process before it's all underway (& some writers, including Steven King, have tried...) -
May I introduce an elephant?
What is hugely happening
-Youtube/Flickr/countless blogs both on the web and webfed to everything from mp3 players to iPods is
-AMATEURS. People who love the publicity. Dont want or neccessarily need the $$$ but want the exposure."I am real! Hey, here's me on Youtube!"
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Which drastically skews the the whole equation- excuse all these postings. I have a shoulder that is giving me gyp and I can only type for so long.
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So it's not just filesharing that's responsible for the decrease in commercial value of that IP stuff.
How do we legislate agin that?
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a)depends on the IP stuff
b)there have been losses (which is why I tightly reserve my e-rights)but they seem to be majorly in the sound/pikkies areas
c)the legislation IS being driven by the major music companies (and visual rights holders)and all of this - except for copyright areas- is irrelevant to creative amateurs wanting no income (or only as a sideline)oing stuff right now.
They are right outside of ANY legislation.
(Thank goodness for a goodnight dram! Bless the Laphroaig!)
Cheers! Nightie ra- -
I think there is a very good metaphor in here.
(And yes I'm aware that IP is one of the things that makes us a special case).
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I think there is a very good metaphor in here.
could you be more specific.
david attenborough = intellectual property rights? -
Trying to save a single animal “we now know is a very shallow view”. You have to save environments - complex webs of plants, insects, birds, mammals
Copyright enforcement is a single animal.
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Copyright enforcement is a single animal.
is one way of looking at it,
or perhaps it is a whole animal kingdom representing many different
families (painting, music, film, writing etc) and genus, (styles), representing individuals producing multiple works.your interpretation under represents all the things that are protected by copyright. There are not domain, kingdom, phylum, class, order, family, genus, above your single animal.
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Yeah, there are few ways to look at it. It's good to try a few on.
Rob, to what degree do you feel the commercial value for rights you hold has been impacted by people providing other content legitimately for free?...along the lines of Islander's post about the elephant.
Did you manage to have a look at the e-book Keir provided a link to a couple of weeks ago? I managed to get about 4 chapters in.
In terms of understanding the justifications used/claimed by the proponents for the scrapping of monopolies supported by IP, I think it wouldn't hurt you....too much
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Copyright enforcement is a single animal.
is one way of looking at it,
or perhaps it is a whole animal kingdom representing many different
families (painting, music, film, writing etc) and genus, (styles), representing individuals producing multiple works.Dinosaurs?
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Dinosaurs?
nice one barney
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to what degree do you feel the commercial value for rights you hold has been impacted by people providing other content legitimately for free?
not at all.
Firstly my stuff is very difficult to get, so I'm not a good example here.
but as a consumer the fact that its for free doesn't make me like it any more than if it cost money.
people giving stuff away is great, but it also usually indicates that their stuff isn't good enough to charge for either, if it was they'd be doing it.The problem isn't people promoting their stuff with freebies though. Its people having their stuff distributed freely without their consent that is having impact, even at my level.
I recently got some friend requests and comments on a band myspace page saying they loved a certain bands album. The fans were from spain. trouble is that I know where every single copy of said album has gone to so far and none went to spain, let alone 3 copies to spain, so I know for a fact that 3 people who I didn't choose to give the album to love (and consume) said album without paying for it. zero contribution to the project. and this is on a tiny indie level in nz.
I think I know where they got their copy from too. But what ya going to do about it right? -
scrapping of monopolies supported by IP, I think it wouldn't hurt you....too much
I'm not a monopoly, neither is islander, or simon with his collection of rights, or any of the thousands of kiwis that won their own media. we're hard working individuals the posse would like to sweep up in the rush to lynch the unpopular majors.
I tried to read the e book but it didn't really endear itself and with time being so valuable I'd need a better recommendation that you managing to get through 4 chapters :)
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doh...my (very polite) response went missing. It's not intended to be abrasive.
So looking at:
I'm not a monopoly
And then looking at:
Firstly my stuff is very difficult to get
Correct me if I'm wrong, but you're saying that you, Islander, Simon and other creatives don't hold a monopoly on the rights to your outputs, at least initially?
So for the works that you've retained sole control of, where might I legitimately acquire your stuff from, other than you?
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and from those chaps in the corner with the funny walks, some good news.
But perhaps it's a special case.
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Publisher Tim O'Reilly has just pointed twitter at an article regarding "Google and the future of Books" which I've poured into spreeder (light yellow txt on light grey, 3 word chunks, font size 30 seems to work well) .
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