Posts by Mark Harris

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  • Hard News: The odds, and the simply odd,

    Re Wishart
    His teaser mp3 indicates that it's a passport scandal

    Waikanae • Since Jul 2008 • 1343 posts Report

  • Hard News: Inimical to the public good,

    @che

    and whoever the advisor is who created a link between 'music piracy' and "child pron"? you're an idiot who deserves to lose your job for misleading a member of the Government...

    It's so ludicrous that I'm prepared to be convinced she came up with it all by her widdle self

    Waikanae • Since Jul 2008 • 1343 posts Report

  • Hard News: The odds, and the simply odd,

    I find it's like marathons - getting to the end makes the pain worthwhile and you can say "we knocked the bastard off!". Also, the recovery time is about the same.

    But I do advise doing it as early as possible so that there's not so much bile to plow through

    Waikanae • Since Jul 2008 • 1343 posts Report

  • Hard News: The odds, and the simply odd,

    @andrew

    My gods, it's not even in print yet and already the beasts are foaming. But i did like the last comment:

    Is this the biggest most unprecendented political scandal since the last one?

    Waikanae • Since Jul 2008 • 1343 posts Report

  • Hard News: The odds, and the simply odd,

    And god I laughed out loud at the end of the vid when he says "for Al Jezeera" - in America's heartland! It's a wonder he got out alive.

    Waikanae • Since Jul 2008 • 1343 posts Report

  • Hard News: The odds, and the simply odd,

    Yeah, that sounds like DPF, right down to the mis-spelling of "diminish".

    I'm scared you knew that was there...

    Waikanae • Since Jul 2008 • 1343 posts Report

  • Hard News: Inimical to the public good,

    @geoff
    Yep and, at the risk of being trivial, it wasn't piracy that took it down but naked competition.

    Waikanae • Since Jul 2008 • 1343 posts Report

  • Hard News: Inimical to the public good,

    we are truly all ears but we are not going to quit and go and sell band t shirts for a living.

    Sorry, Mark, but your old model is gone. I recommend you find a new one that doesn't entail treating your "fans" as criminals before they've done anything. That's what you're defending, in s92a.

    I can understand not wanting to sell T-shirts but trying to monetize each copy of each song is like trying to stamp "MINE" on every grain of sand. You need monopoly for that to work (i.e. no one else is allowed to deal in your business, and by "you" I mean the traditional music industry) and you need scarcity to push the price up. And your stuff just is not scarce any more.

    I'd hate to see labels that add value to an artiste's career disappear. Most of the muso's I know need all the help they can get. ;-)

    You need to look at the value-add and look to make your money there, because your old product is now a plentiful commodity. And if that means selling T-shirts, then that's what you've got to do.

    And it doesn't really matter whether you think it's right or wrong that this is happening. It IS happening and it's not going away and you have to deal.

    But, sincerely, thanks for coming by with your ears on. I hope you pick up something that can help.

    Waikanae • Since Jul 2008 • 1343 posts Report

  • Hard News: Inimical to the public good,

    For the record, copyright infringement is an offence, covered under the Copyright Act 1994 and amendments. Theft is an offence covered under the Crimes Act 1961.

    While the argument is often made that copyright infringement is not theft, it is not correct to say that it is not a crime, as s131 of the Copyright Act is "Criminal liability for making or dealing with infringing objects" and reads:

    **131 Criminal liability for making or dealing with infringing objects **
    (1) Every person commits an offence against this section who,
    other than pursuant to a copyright licence,—
    (a) Makes for sale or hire; or
    (b) Imports into New Zealand otherwise than for that per­son’s
    private and domestic use; or
    (c) Possesses in the course of a business with a view to
    committing any act infringing the copyright; or
    (d) In the course of a business,—
    (i) Offers or exposes for sale or hire; or
    (ii) Exhibits in public; or
    (iii) Distributes; or
    (e) In the course of a business or otherwise, sells or lets for
    hire; or
    (f) Distributes otherwise than in the course of a business
    to such an extent as to affect prejudicially the copyright
    owner—
    an object that is, and that the person knows is, an infringing
    copy of a copyright work.

    (2) Every person commits an offence against this section who—
    (a) Makes an object specifically designed or adapted for
    making copies of a particular copyright work; or
    (b) Has such an object in that person’s possession,—
    knowing that the object is to be used to make infringing copies
    for sale or hire or for use in the course of a business.

    (3) Subject to subsection (4) of this section, every person commits
    an offence against this section who—
    (a) Causes a literary, dramatic, or musical work to be
    per­formed, where that performance infringes copyright in
    that work; or
    (b) Causes a sound recording or film to be played in public
    or shown in public, where that playing or showing
    in­fringes copyright in that sound recording or film,—
    knowing that copyright in the work or, as the case requires, the
    sound recording or film would be infringed by that performance or, as the case requires, that playing or that showing.

    (4) Nothing in subsection (3) of this section applies in respect of
    infringement of copyright by the reception of a broadcast or
    cable programme.

    (5) Every person who commits an offence against this section is
    liable on conviction—
    (a) In the case of an offence against subsection (1), to a
    fine not exceeding $10,000 for every infringing copy to
    which the offence relates, but not exceeding $150,000
    in respect of the same transaction, or to imprisonment
    for a term not exceeding 5 years:
    (b) In the case of an offence against subsection (2) or sub­
    section (3), to a fine not exceeding $150,000 or to im­
    prisonment for a term not exceeding 5 years.

    (6) Where any person is convicted of an offence against this sec­
    tion in circumstances where that offence involves the making
    of profit or gain, that offence shall be deemed to have caused
    a loss of property for the purposes of section 32(1)(a) of the
    Sentencing Act 2002, and the provisions of that Act relating
    to the imposition of the sentence of reparation shall apply ac­
    cordingly.

    (7) Sections 126 to 129 of this Act (which relate to presumptions)
    do not apply to proceedings for an offence against this section.

    Waikanae • Since Jul 2008 • 1343 posts Report

  • Hard News: Inimical to the public good,

    Wah? Mark, I thought you had some idea what we were discussing!

    [sigh] Do I have to post yet another screenshot?

    Waikanae • Since Jul 2008 • 1343 posts Report

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