A Real My Space
In April we returned to New Zealand, home. Happy to be back I made my way out and about, walking new tracks and continuing my Cross Fit exercise as best I could with the days getting shorter and colder. Winter in Southern California is far from winter in New Zealand…
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January 2009 was a short summer in NZ but was lots of fun before we went to LA. Lots of time with nature on the beaches, in the rivers and up in the mountains.
Dead good time on the beach
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I also sent my letter to MP Hon. Nick Smith as I know he is a man of the public and I respect his commitment to serve the people of New Zealand. He has kindly taken the time to investigate and respond with his understanding and view. Below is the letter he email to me on the 13th February 2009.
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.
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I’m out of the country on business but I just received an update that the people to send the letters to are
Hon Steven Joyce – s.joyce@ministers.govt.nz
Christopher Finlayson MP – c.finlayson@ministers.govt.nz
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
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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
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