I want to increase the size of my images so I need to do a little playing to learn how the new software works with adding new photos, but I’m sure it’s all easy stuff once you know how.

Looking forward to getting back up to-date.

=-)

With a wider perspective on life, comes a wider theme, with bigger photos. I’m looking forward to adding the past photos and getting back into a regular rhythm on the site.

=-)

Dear Sir/Madam,

The Minister of Commerce, Hon Simon Power, asked me to thank you for your email regarding section 92A of the Copyright Act 1994. Your concerns have been noted.

Section 92A allows for termination of accounts of repeat infringers in appropriate circumstances. A purpose of this provision is to provide an effective means for dealing with behaviour which clearly infringes copyright, recognising that this behaviour can be costly for New Zealand’s creative industries. This is especially important given recent technological developments which now make it easier for online copyright infringement to occur. This amendment is not intended to deprive law-abiding businesses or private users of access to the internet.

Some have interpreted this legislation to assume guilt upon accusation of copyright infringement. There are concerns that this could lead to the termination of an alleged infringer’s internet account without evidence or opportunity for a user to provide a defence. In order to clarify the operation of section 92A, a voluntary code of practice (the Code) is being developed by internet service providers (ISPs) in consultation with the public and copyright holders.

In brief, the Code will likely outline that in accordance with section 92A, a user will receive fair warning regarding an alleged infringement. The user will then have the opportunity to refute any or all of the alleged infringements. As a backstop, section 92A only allows for account termination in appropriate circumstances. It is unlikely that termination will be appropriate where an alleged infringement has been disputed.

Section 92A has been delayed from coming into force by one month until 27 March 2009. The purpose of this delay is to allow ISPs and rights-holders time to complete the joint development of the Code. If a voluntary code is developed and the new section is implemented, both will be reviewed within six months to see how they are working.

It is important that the Copyright Act achieves an appropriate balance between the interests of copyright creators, owners and users.

Thank you for taking the time to raise this with the Minister.

Yours sincerely,

David Lilly

Private Secretary – Commerce

What is wrong here?…
The law obviously requires interpretation, because it needs “voluntary code” written by the people who want this law, to help “clarify” what they “intended” to do.

I’m no expert on the law, but I would have assumed (assumptions are the mother of all f&*^ ups) that there was law in place to deal with copyright infringement? The thing that has changed is that the powers that be can now snoop on us using the Internet, as where in the past they had to rely solely on people turning other people in.

So does that mean that we are also giving up our freedom here? I don’t believe they are allowed to tap my phone are they? Why should they be allowed to tap my Internet. If there is suspicious activity? What constitutes suspicious activity? Do Telco’s monitor phones for suspicious activity? I use file sharing, which I’m sure would be instantly classed as “suspicious activity” judging by statements made by MP’s, to download latest distro’s, software updates and other free media that I have legal rights too.

How do you distinguish “law-abiding businesses or private users”?

New Zealand is already crippled by Telco’s in regard to the Internet infrastructure and data caps compared to the rest of the developed world. I have lived and used the Internet in Japan and USA. New Zealand business, in regard to the Internet is way behind because the cost of doing so is prohibitive.

Laws like this are not encouraging New Zealand on any level to branch out in regard to technology.

=-)

Click the image for a better view

=-)

There is a canned response going round. But this is not acceptable, especially when they suggest it is not their responsibility. The Internet allows us to record information, share information, make people accountable… please read the links in the reply for quotes as to why National can not parse this off.

I thought the government was meant to work for the people? How the people feel over the new Internet law.

I have replied to Hon. Nick Simth’s letter below.

Dear Hon. Nick Smith,

Thank you for your time on this matter. I notice that parts of your reply appear to be a pre formatted response that has been given to National Party members.

“The amendment was passed through the House by the previous Government. The new National-led government understands that many people are concerned about the effect of the legislation and we will monitor the implementation of section 92A closely.”
Please note that Section 92A was supported by Judith Tizard (Labour) and Chris Finlayson (National). You can read here the quote from parliamentary record by Chris Finlayson (National, Attorney General) saying why he supports S92A: It was due to “approaches by various commercial entities”

http://tinyurl.com/national-labour-made-s92a

My biggest concern is that interpretation of the law is so open.
“Some media reports have interpreted this legislation to assume guilt upon accusation of copyright infringement.”
That is correct. The media have been able to interpret the law this way because it can be. Today the powers that would like the law to stay will interpret the law to the least offensive meaning.

I would appreciate your personal views on this law and the ability it gives for people to be punished outside of traditional trial systems.

I look forward to your timely response.

Thank you,
James Turner

=-)

Dear James

Thank you for your email with regard to your concerns over section 92A of the Copyright Act 1994.

The amendment was passed through the House by the previous Government. The new National-led government understands that many people are concerned about the effect of the legislation and we will monitor the implementation of section 92A closely.

Section 92A will allow for termination of accounts of repeat infringers in appropriate circumstances. A purpose of this provision is to provide an effective means for dealing with behaviour which clearly infringes copyright recognising that this behaviour can be costly for New Zealand’s creative industries. This is especially important given recent technological developments which now make it easier for online copyright infringement to occur. This amendment is not intended to deprive law-abiding businesses or private users of access to the internet.

Some media reports have interpreted this legislation to assume guilt upon accusation of copyright infringement. There are concerns that this could lead to the termination of an alleged infringer’s internet account without evidence or opportunity for a user to provide a defence. In order to clarify the operation of Section 92A, a code of practise is being developed by internet service providers in consultation with the public and copyright holders.

In brief, the code will likely outline that in accordance with section 92A; a user will receive fair warning regarding an alleged infringement. The user will then have the opportunity to refute any or all of the alleged infringements. As a backstop, section 92A only allows for account termination in appropriate circumstances. It is unlikely that termination will be appropriate where an alleged infringement has been disputed.

It is important that the Copyright Act achieves an appropriate balance between the interests of copyright creators, owners and users. Section 92A has been drafted with this goal in mind.

Thank you for taking the time to raise this issue with me.

Yours sincerely

Nick Smith
MP NELSON

Personally I think the law is to broad. When it is open to such different interpretation by different parties then perhaps you need to reconsider its purpose. I have not investigated, but would have thought that there were already laws in place to deal with copyright infringement.

=-)

Below is my letter.

Dear Hon Steven Joyce,

I’m writing in regard to Guilt Upon Accusation law Section 92A.

I’m an artist and I fully oppose the suggested law.

Please remember that we should all treat each other how we would like to be treated. The last thing myself or anyone else, and I’m sure yourself included likes, is to be accused of something, weather it is true or false.

Every person in New Zealand is currently entitled to a fair trial. This law removes this right. If it starts here, then where does it end?

This law is putting service providers in an uncomfortable situation. They need customers to survive. If they gain a reputation for banning customers unfairly then they are going to lose business. It was not their fault that the customer was banned, they will have been ordered upon accusation.

Please realise that it is not easy to know if a user is transferring data illegally. Many of the software systems used are designed to transfer data, not specifically to do illegal activity. I use the same software systems that are common to transfer illegal data to transfer my legal data. It does not make me a thief but this law makes it possible for me to be accused and punished with out any proof.

Please reconsider your actions. Please consider the actions of other countries that are realising this is an unjust ask of an industry that is reluctant to change with the times.

You see most industries move with technology or die. The industry people who are pro this law have done little to move with the fast changes of our time.

Please reconsider.

Thank you,
James Turner

James
=-)

Digg this story http://digg.com/tech_news/Campaign_to_Stop_File_Sharers_Being_Guilty_Upon_Accusation

Read about it here http://torrentfreak.com/campaign-to-stop-file-sharers-being-guilty-upon-accusation-090105/

Specifics here and sign the partition http://creativefreedom.org.nz/s92.html

Join the FaceBook group http://www.facebook.com/group.php?gid=40731948387

As you know I have sent letters to the government before, and this time its about my fundamental right of ‘innocent until proven guilty’.

I will publicize my official letter to all members of parliament as soon as I have finalized it.

Until then I would like to share the copy and paste version from the Creative Freedom website.

Hi,
I’ve just become aware about some major proposed changes in NZ law that will have a huge impact on artists, businesses, and general members of the public: basically anyone that uses the internet, and I thought you should know about them.
The proposed Section 92 of the Copyright Amendment Act assumes Guilt Upon Accusation and forces the termination of internet connections and websites without evidence, without a fair trial, and without punishment for any false accusations of copyright infringement. We should speak out against injustices like Guilt Upon Accusation being done in the name of artists and protecting creativity.
The countdown is on: we have until 28 February 2009 to influence government.
An organisation called the Creative Freedom Foundation has been set up to specifically represent artists voices on these issues. Check out their website: http://www.creativefreedom.org.nz , sign up and help our MPs make an informed decision about S92!
Thanks,

Make your voice heard! Don’t let them do this!

Thanks,
James
=-)

Photos from April this year are here. I have some catching up to do as photos are starting to flow again.

Just had a great week with the Teece’s snowboarding round Castle Hill. We had 3 awesome days of riding and a spot of caving.

James
=-)

I’m sure someone is there, I see you on my stats Anyway, I have been underground, working on a Top Secret Project, so secret, even the government doesn’t know about it!

But spring is here and I’m feeling a little more motivated to work on this site again. I have plenty of photos to catch up on so will work on posting them up.

Here is a teaser of last week. I took a break in Nelson and 6 of us piled in to a van and went snowboarding at Rainbow.

Great Times!
=-)