Slashdot Mirror


Audio Format Shifting To Be OK'd In New Zealand

Bloodrage writes "The New Zealand government is about to define a small part of the rights assumed by the 'fair use' clause in the Copyright Act 1994. Essentially they are going to protect the consumers' rights to convert media from one format to another for personal use, making it clearly legal to transfer tracks from a commercial CD to a mix-CD, MP3 player, PDA, PC, 8-track, or tuned array of hummingbirds. NZ law already makes it clear that gifting or reselling items includes a transfer all of rights, including copyright, warantee, and licencing agreements, so providing your original is the genuine article you're not a criminal. An article in the The Dominion Post gives an outline of the responses from the recording industry and why the government is considering it. It boils down to; this is 'fair use' and don't argue, and that the government can't see how the alternative could be (affordably) enforced."

327 comments

  1. Good on them.. by mcbridematt · · Score: 4, Insightful

    ..now if the fricking Howard government across the tasman, I would be very grateful.

    1. Re:Good on them.. by mcbridematt · · Score: 2, Informative

      that should read 'across the tasman could do the same' :(

    2. Re:Good on them.. by glenalec · · Score: 1

      Unfortunately, the Aust. Govt. seems more interested in emulating what goes on NW across the Pacific! :-(

      --
      The man with no surname and a silly hat

      On the universe: It's bunk.
    3. Re:Good on them.. by LardBrattish · · Score: 1

      No chance of that, Howard's selling us down the river with the FTA.

      Great move by the way - for the sake of 10-20% of our GDP (Farmers) he's exposing the rest of industry to virtually unrestricted shafting by larger & more competitive US companies.

      --
      What are you listening to? (http://megamanic.blogetery.com/)
    4. Re:Good on them.. by Anonymous Coward · · Score: 0

      well thats howard for ya - he loves sucking yank cock.

    5. Re:Good on them.. by tarunthegreat2 · · Score: 1, Funny

      We should be seeing this in the near future then:

      Dear Kazaa Users,
      our headquarters have permanently shifted from Australia to New Zealand. We are proud and happy to be able to legally provide you with our services.

    6. Re:Good on them.. by Anonymous Coward · · Score: 0

      F**K YOU!!!! NZ needs an aussie government like a bullet in the head!!!!

  2. Why is this even an issue? by metallicagoaltender · · Score: 5, Insightful

    Legally I know why it is, but realistically, what's the problem?

    I have a large CD collection, and like to keep digital versions of some CDs I listen to frequently on my hard drive (never shared), or burn CDs to carry around with me so I don't have to worry about theft/damage/loss to the original. Why could that even be a problem? Sure, people can pirate, but people are going to find a way to pirate regardless.

    Maybe I'm missing the logic of recording execs, but how is pissing consumers off by limiting their rights going to encourage them to buy more CDs?

    1. Re:Why is this even an issue? by Anonymous Coward · · Score: 1, Funny

      well, if your burned CD gets stolen, you distributed a copy, even if you didn't intended to.

    2. Re:Why is this even an issue? by zagmar · · Score: 4, Insightful

      The one valid concern I can see is this, and it's a doozy if you are a record exec.

      If the fair use clause is interpreted as a purchase of the rights to personal use of copyrighted material without concern for the physical form, it could allow a precedent in which the natural degradation of the storage media is grounds for forcing the producer to replace it. Eg, you buy a CD, after several years it develops holes in the recording layer. You go to the company that produced the CD, and they have to replace it, because they are technically breaking the implicit agreement that was made when you bought the CD, that you have the right to personal use of the recorded material. Imagine the record companies shelling out billions to replace CDs because of natural deterioration.

    3. Re:Why is this even an issue? by Danse · · Score: 2, Insightful

      No, in that case somebody stole a legitimate copy. He didn't "distribute" anything, and therefore committed no crime.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    4. Re:Why is this even an issue? by 88Seconds · · Score: 5, Interesting

      FWIW here in NZ there is no 'fair use' clause allowing people to make copies for their own use. So in effect anyone who does rip any tracks from any CDs they happen to own is breaking the law. The record company execs are worried that by allowing some form of copying the floodgates will be opened.
      In the article, Micheal Glading, the MD of Sony NZ mentions that he is opposed to the move.

      Paradoxically, Sony NZ sell MiniDisc players here in NZ and also sell the blank MiniDiscs. No doubt, if you were to visit one of their retail outlets and enquire as to what you could use them for, you would probably be told by their reps that you can use them to copy CDs (I might even give it a go tomorrow).

      The law here in NZ is an ass, because it is perfectly legal to buy devices for playback of ripped cds and also legal to buy the software for ripping cds.

    5. Re:Why is this even an issue? by timmyf2371 · · Score: 3, Interesting
      I've seen this done before, albeit in the Software Industry.

      I once bought a computer game, which had an offer in the manual which went along the lines of:
      If your CD is lost/damaged then you can obtain a replacement for the cost of postage/packaging + obviously a small fee to cover the cost of producing the CD.

      --

      Backup not found: (A)bort (R)etry (P)anic
    6. Re:Why is this even an issue? by Anonymous Coward · · Score: 0

      Well thanks so much for restating the obvious. Next time bring your sense of humor OK?

      Danse? I think you meant Dunce.

    7. Re:Why is this even an issue? by Moocowsia · · Score: 1

      Billions? I don't think so. CDs are incredibly cheap to produce.

      --
      Moo!
    8. Re:Why is this even an issue? by fpga_guy · · Score: 5, Interesting
      Your "error" is to assume reasonableness on the part of the record company.

      The reasonable approach would be to pay a media-replacement fee, say $2 or so.

      The really tricky problem is about the obsolescence of media. Let's say I bought "Dark Side of the Moon" on CD a few years ago. Now it's been re-released as an SACD with a stunning 5.1 surround mix etc etc. Have i bought the rights to "Dark Side of the Moon" as an entity, or just as a particular instance?

    9. Re:Why is this even an issue? by Anonymous Coward · · Score: 0

      Come on, even if such an interpretation would prevail (which I doubt), there's no way in hell that the record company would be required to replace it for free. Surely they would be allowed to be charge the cost of manufacturing the disk.

    10. Re:Why is this even an issue? by ajs318 · · Score: 4, Insightful

      Yes, even cheaper than walkman cassettes. So why do they cost more to buy than cassettes? This is a scam that has been going on too long IMHO.

      --
      Je fume. Tu fumes. Nous fûmes!
    11. Re:Why is this even an issue? by frisket · · Score: 2, Insightful
      ...how is pissing consumers off by limiting their rights going to encourage them to buy more CDs?

      Because the recording industry execs and marketing droids are a shower of arrogant little dickheads with absolutely no clue of what the consumer wants.

      If the Kiwis can get this so right, WTF can't the Oz govmnt? Who bought them out, and for how much?

      The best cure for seasickness is to go and sit under a tree. [Spike Milligan]

    12. Re:Why is this even an issue? by Eythian · · Score: 5, Insightful
      Have i bought the rights to "Dark Side of the Moon" as an entity, or just as a particular instance?

      It would be fairly easy, and somewhat reasonable, to argue that you have bought the rights to the non-SACD CD version only, as there is talent (and significant man-hours) going into the production of the extra enhancements in the SACD version that aren't in the other version.

    13. Re:Why is this even an issue? by Anonymous Coward · · Score: 2, Insightful

      And we don't want everyone to start scratching thier CDs just to get it replaced by the SACD version, do we? ;)

    14. Re:Why is this even an issue? by Bambi+Dee · · Score: 2, Insightful
      It shouldn't be a problem... not "logically". Their logic, if you can call it that, seems to be "if we allow people to copy their own CDs for themselves, they'll think it's alright to copy them period."

      I wonder if customers(*) will even notice. I'm not in NZ, but nobody here seems to give a damn. They don't know their rights, they don't know what's "fair use" and many likely haven't heard of copy-protected CDs or the local equivalent of the DMCA or whatever other funny corporate-mandated everyday freedom downgrades. (I'm not talking about rabid file-sharers or the informed geek minority, just "could you burn me that CD, please?"-type 'pirates'.) Apparently, music, movies and software are like natural resources to most (few people seem to think of Photoshop, Reason or MS Office as stuff that actually costs money, hence it's often futile to point out free, or cheap, alternatives).

      All of these technicalities and ideals and itty bitty legal details would only bore them to tears. And I doubt they're pissed off with the record industry. It's all just "the way things are". If the prices go up and the quality doesn't, they'll copy more. If prices go down, they still won't be able to afford CDs but maybe that's because I don't know anyone who actually has multiple digit amounts of money to waste on luxury items (which are actually natural resources, mind). Maybe it'll take a couple nearby natural disasters of the legal kind to make people care. Yah, I guess that'd piss consumers off, then. Who they'll be pissed off with I'm not sure. Perhaps politicians, or lawyers. Then again, isn't everyone already pissed off with those anyway?

      Blah. Why is this input area so small? No wonder I'm not making much sense. -1, Boring.

      (*) "consumer" sounds like eating garbage from a trough, rather than deciding to make a purchase. Then again... ah, never mind. This is hardly witty enough to continue. Ramble, ramble.

    15. Re:Why is this even an issue? by taxevader · · Score: 1

      They want it both ways:

      1)You own the media to the extent that if it breaks, you have no choice but to buy another.

      2)You down't own the media so therefore we can tell you what to do with it. See DVD region coding, making backups and transferring to other media for personal use (MD, MP3 etc)

      --
      -Copyright law #69:Whenever Mickey Mouse is about to enter the public domain,copyrights get extended by 25 years.
    16. Re:Why is this even an issue? by LardBrattish · · Score: 1

      I can remember being told when I was first being 'sold' the idea of CDs that it meant that I'd never have to buy another duplicate copy again as the format was indestructible.

      Of course within a few years it became clear that CDs did degrade depending on the inks printed onto the label side etc. So in summary we were sold a bit of a bum steer. A new Vinyl record will sound superior to a CD so long as it's played through decent hardware (and I don't thing a 200UKP Rega Planar deck is particularly extravagent but it sounds a LOT better to me through my 18 year old budget Hi Fi amp & speakers) and if you really look after your records - proper cleaning, new needles etc it turns out they will last longer than CDs. Note that my basic Hi-fi is old; I'm not a Hi-Fi nut who buys the latest & greatest stuff every year - it's cheap budget Hi-fi equipment and the difference between LP & CD is noticable and I prefer LP.

      Given the hype I described above which originated from the record companies I think it's the least they can do to those of us who bought CDs in the '80s before the problems became known.

      --
      What are you listening to? (http://megamanic.blogetery.com/)
    17. Re:Why is this even an issue? by Technician · · Score: 4, Interesting

      They did miss a point. They did point out that more blank CD's are sold than audio recordings. In my case, that is easy to explain. I have a digital camera. Duh! My wife and I have cars. I don't carry a case of CD's with me when we change vehicles. I download and burn LEGAL public domain old radio programs (Fibber McGee and Molly, Amos and Andy, Great Gildersleeve, Lone Ranger, Abbott and Costello, and others). I put mixes of MP3's on CD's for the living room DVD player (juke box in a single tray) and portable CD/MP3 player. Somehow the record company thinks all these uses is piracy as I didn't bother to buy multiple copies or carry a huge CD binder everywhere I go. The marketing folks have missed the boat on this one by jumping to conclusions that may not be entirely correct by assuming a blank CD sale equals an unsold audio recording sale. That assumption is simply not true. I'm in my 40's now. I have a library of CD's. I also copy all the computer games to work copies as cheap insurance for the kids. All too often they are used as carpet protectors under the wheels of the chair. I'm still finishing ripping my LP's and cassettes. (that's probably labled as piracy also) I definately bought more blank CD's than audio CD's last year by a factor of about 50:1. I don't have any P-P app installed. I'm on dial-up at home. CD's that don't back up properly get returned as defective. My burnt CD's get marked Work Copy with a listing of the location of the original.

      "Work Copy"
      "Original on file at..."

      I resent the implication I'm a pirate because I bought more blanks than I bought pre-recorded.

      --
      The truth shall set you free!
    18. Re:Why is this even an issue? by Technician · · Score: 1

      Great choice in music. I have the Mobile Sound Fidelity Labs LP pressing. I agree on buying the same thing over and over again. Where can I exchange my LP's, 8 Track and Cassette tapes for CD's for a nominal replacement media fee?

      --
      The truth shall set you free!
    19. Re:Why is this even an issue? by ortholattice · · Score: 4, Insightful
      The one valid concern I can see is this, and it's a doozy if you are a record exec...
      You go to the company that produced the CD, and they have to replace it, because they are technically breaking the implicit agreement that was made when you bought the CD, that you have the right to personal use of the recorded material. Imagine the record companies shelling out billions to replace CDs because of natural deterioration.

      Have you seen those TV commercials offering ginzu knives or whatever with a lifetime warranty? The knives are actually cheaply made. When one goes bad you can send it in and have it replaced FREE, plus a "modest shipping and handling charge" of $6.95 for a knife that might cost $0.50 to make. Their "lifetime warranty" has just turned into perpetual guaranteed income for them. The only requirement in a scheme like this is that the item be cheap to produce. You can do the math for CDs.

    20. Re:Why is this even an issue? by 1u3hr · · Score: 1
      imagine the record companies shelling out billions to replace CDs because of natural deterioration.

      Even in the unlikely event of this becoming law, they'd be able to charge a "reasonable" charge to cover duplication, shipping, handling, etc. Pay at least $5 per disk, do paperwork, and you'd have to return your old one. So not a lot of people would bother.

    21. Re:Why is this even an issue? by mikey_boy · · Score: 2, Insightful

      you've bought the right to that particular issue of the soundtrack. If you can derive lossy or exact duplicates of it, then you should be allowed to, as the essence of what you have got is the same. You don't have the right to the new stunning 5.1 surround mix, as you haven't actually paid for that. That would be my assumption anyway ...

    22. Re:Why is this even an issue? by cthugha · · Score: 4, Insightful

      You are not properly constructing the "right" as it is described. The NZ government is considering creating an exemption to the copyright regime such that it is not an infringement of copyright to format-shift for personal use. In other words, you do not gain a "right" enforceable against the record companies, they lose their right to insist that you not format-shift, and you gain a corresponding liberty to do so according to your own desires.

      To offer an analogy: the fair use exemption that allows copying for educational purposes would, according to your reasoning, confer a right on the public to demand that the record companies provide educational material and services related to the works in respect of which they own the copyright.

      I hope that's clear. :)

    23. Re:Why is this even an issue? by cthugha · · Score: 1

      If the Kiwis can get this so right, WTF can't the Oz govmnt? Who bought them out, and for how much?

      They aren't...at least, not really. One copy only for personal use is pretty restrictive. The article referred to is pretty sketchy, but it seems that a number of details haven't been considered. What happens if the one copy you're allowed to make is damaged or destroyed? Why shouldn't you be allowed to make as many copies as you like for personal use (one copy for the car, one purely for backup, one for a compilation CD you use at parties, whatever).

      The legislation seems to be a political crock wherein the government can claim to be on the public's side against the big, bad record companies while not gaining much for the public at all. It wouldn't surprise me if the reaction of the industry in the article wasn't just a bit of theatre pre-arranged between themselves and the government.

    24. Re:Why is this even an issue? by fpga_guy · · Score: 2, Interesting
      you've bought the right to that particular issue of the soundtrack. If you can derive lossy or exact duplicates of it, then you should be allowed to, as the essence of what you have got is the same. You don't have the right to the new stunning 5.1 surround mix, as you haven't actually paid for that. That would be my assumption anyway ...

      I agree... so how about the reverse, I go out and buy the SACD version. Do I now have the right to walk into a record shop (or to the publisher's HQ) and say "here's my $2, I want a copy of this album on CD"..

      Again, probably not. But I definitely should have the right to make a gritty 64kbps mp3 encoding to listen to on my cochlear implanted mp3 player! :)

      These are all rhetorical questions, but I think it's interesting to explore the extremities of these issues, that's where the interesting stuff is...

      In the real world, this is why we have the courts, to interpret the written law according to contemporary societal values. It's also why it's vital that lobby groups like RIAA not be allowed to extinguish these principles of fair use.

    25. Re:Why is this even an issue? by smcv · · Score: 1

      I would have thought the record companies' worry should be the other way round. If the line drawn by the law between legal format-shifting/fair use and illegal duplication is fairly close to people's view of the line between ethical and unethical, I would have thought people would tend to obey the law, but if format-shifting seems perfectly reasonable but is in fact illegal, then customers who copy their CDs to other formats are breaking the law anyway, so might well reason that they have nothing to lose by copying their friends' CDs too ("might as well be hung for a sheep as for a lamb").

    26. Re:Why is this even an issue? by Jane_Dozey · · Score: 1

      "I agree... so how about the reverse, I go out and buy the SACD version. Do I now have the right to walk into a record shop (or to the publisher's HQ) and say "here's my $2, I want a copy of this album on CD".." Record shops sell CD with all the artwork aswell as the actual media, so would you be entitled to the artwork aswell as the media?

      --
      Silly rabbit
    27. Re:Why is this even an issue? by cartzworth · · Score: 1

      Abra-ca-false advertising.

      It's not shipping and handling if thats more than it costs for them to ship it.

    28. Re:Why is this even an issue? by fpga_guy · · Score: 1
      Record shops sell CD with all the artwork aswell as the actual media, so would you be entitled to the artwork aswell as the media?

      Probably not.

      Indeed, since a CD that sells for $AU30 probably only sends at most $2 to the original artist (remember them, the person who generates the work in the first place!? :), a cynic might argue that they will happily give me a discount, of roughly $2. The rest is distribution, marketing, media, reproduction etc. So we pay the record company twice, but not the artist!

    29. Re:Why is this even an issue? by linwoes · · Score: 1

      I wonder how the law is going to be written. This could be a very interesting precedent.

      The fair use law has been eroded due to the arugments put forth by big business such as, "when fair use was instituted, we never expected people to be able to make exact duplicates."*

      This would be the first law that does not have the burden of ignorance of digital media. Will this law allow poeple in NZ to alter the format of digital music/media. Can I legally convert a DRM burdened to AAC file to MP3? ogg? This law sounds like it could have important ramifications. Maybe in NZ we can get some rights back. Or it could be written to prevent digital-digital conversion. We will have to wait and see.

      * This is a vast oversimplification of the MPAA arugment over DVD decoding.

    30. Re:Why is this even an issue? by zangdesign · · Score: 1

      Sounds like grounds for a lawsuit to me. Sony is selling the CDs, but also encouraging breaking the law by selling the means to break copyright law. What does NZ law have to say about that, I wonder?

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    31. Re:Why is this even an issue? by Anonymous Coward · · Score: 0

      If I read the article right, it is only one copy though.

      A Nony Mouse

    32. Re:Why is this even an issue? by SFBwian · · Score: 1

      Because you're also paying for royalties (CD format), marketing, and the ease of use, compatibility, and increased data size. You're paying for the quality and demand of the format, not the cost to produce.

      --
      I'm looking to get rich. I've got steps #2 (????) and #3 (PROFIT!) planned out, but am having trouble coming up with #1.
    33. Re:Why is this even an issue? by tkg · · Score: 1

      I think he was refering to the 'billions' in profits they would potentially make by 'selling' you a replacement.

    34. Re:Why is this even an issue? by tkg · · Score: 1

      The key to this is the 'and handling' part. It can be almost any amount they choose.

    35. Re:Why is this even an issue? by ajs318 · · Score: 1

      I'm not convinced that it isn't a rip-off. Just because tape has a poorer quality of reproduction and less functionality than CD, does not justify selling it at a lower price if it's actually more expensive to make in the first place. Either CD buyers are being overcharged, or cassette buyers are receiving an unfair subsidy.

      --
      Je fume. Tu fumes. Nous fûmes!
    36. Re:Why is this even an issue? by Anonymous Coward · · Score: 1, Funny

      Johnny Cochran could probably turn that into an entrapment suit if NZ law sufficiently resembles US law....

    37. Re:Why is this even an issue? by wings · · Score: 3, Funny

      ...you can send it in and have it replaced FREE, plus a "modest shipping and handling charge" ...

      <sarcasam>
      They already have that method in place. Shipping is FREE, and you don't even have to send in your original.
      You just go down to the local CD store and pay the modest $19.95 'handling charge' when you pick out your replacement.
      If the model you want is obsolete, or no longer in stock, you can choose a replacement of 'equal or greater value'.
      </sarcasam>

    38. Re:Why is this even an issue? by Esion+Modnar · · Score: 1
      you would probably be told by their reps that you can use them to copy CDs

      You forgot to include "nudge nudge, wink wink, say no more, say no more..." I'm sure Sony also sells blank music and data CD-R's there. And yet copying in NZ is supposed to be illegal... Hmmm.....

      --

      They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
    39. Re:Why is this even an issue? by nebaz · · Score: 1

      Basic supply and demand. That is, charge what you can get away with. Would you pay more for a cassette than a CD? The sound quality is inferior, and degrades. The perceived value of the CD is higher, thus regardless of cost, they can cnarge more.

      --
      Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    40. Re:Why is this even an issue? by ajs318 · · Score: 1

      No, I'd buy the CD and a blank cassette, and tape it at home -- and then, not only would it sound better than a store-bought cassette, but I would still have the CD in case the cassette gets eaten up {I remember that used to happen a lot when I still had any kit that could actually handle cassettes. My hi-fi tape deck packed up shortly after I got my first CD burner in '98 and I never bothered with buying another}.

      Anyway, you have confirmed my point that CD / cassette pricing is a rip-off.

      --
      Je fume. Tu fumes. Nous fûmes!
    41. Re:Why is this even an issue? by mdwh2 · · Score: 1

      Just because someone has a right to something (eg, copying for personal use something you bought) doesn't mean someone else is obligated to provide you with that right.

      I'd argue that this situation is at least as likely if people aren't allowed to make copies for their own personal use: If I buy a CD then later it gets damaged, and I was legally prevented from being able to make a backup copy, then I'd say it would be more reasonable that I go after that company and demand they give me a replacement.

      Having said that, I wish the record execs did think in the way that you said - then maybe we'd see fewer attempts to prevent CDs etc from be copied, even for personal use.

    42. Re:Why is this even an issue? by SFBwian · · Score: 1

      Man, I'd love to have the chance again to play music using an inferior media that sometimes gets 'eaten' by my sound system. Why would you buy and use cassettes at all? The point is that no one really wants cassettes anymore, because they aren't as good. Demand and price go down. I'll admit that CDs are more expensive than they should be. I have to wonder though, was this sort of pricing thing ever an issue with other media formats? Was a tape much more expensive than an LP? Where did 8-Tracks fall in line?

      --
      I'm looking to get rich. I've got steps #2 (????) and #3 (PROFIT!) planned out, but am having trouble coming up with #1.
    43. Re:Why is this even an issue? by Anonymous Coward · · Score: 0

      If it was actually funny, you might have a point.

    44. Re:Why is this even an issue? by aardvarkjoe · · Score: 1

      You're missing the fundamental point that the price of something is not necessarily related to the cost of production. The price is related to the value of the product. A CD is more valuable than a cassette, and thus is priced higher.

      Pricing is only a "ripoff" if you get less value than the price you pay for the item. If you don't think that the added value of the CD is worth the extra $3 or so, then don't buy it. You can let the record company know that you consider CDs to be overpriced, but whining about it on Slashdot accomplishes nothing. (Except for getting extra karma, I suppose.)

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    45. Re:Why is this even an issue? by ajs318 · · Score: 1

      In the UK, LPs and cassettes used to cost around the same amount -- the cassette price sometimes being 50p. cheaper than the LP. CDs were a few pounds more expensive than the LP. Eight-tracks have always been bought second-hand; I have never ever seen them in record stores, but maybe they were popular in London.

      When I got my first 8x2 writer {there were no re-writables in those days} I never looked back. I still have a couple of CDs I made from tapes .....

      --
      Je fume. Tu fumes. Nous fûmes!
    46. Re:Why is this even an issue? by ShavenYak · · Score: 1

      I agree... so how about the reverse, I go out and buy the SACD version. Do I now have the right to walk into a record shop (or to the publisher's HQ) and say "here's my $2, I want a copy of this album on CD"..

      Well, that would be silly, since the DSotM SACD is a hybrid. You already have a regular CD copy on the same disc with the non-CD copy, and you can copy the CD layer as easily as any other CD. You can also rip it and make MP3 or Ogg or AAC or whatever format you desire.

      Now, if this disc were single-layer SACD only, it's a different issue. First off, I shy away from those, for exactly this reason. I wish the record companies wouldn't even make them, but they want their control. I think if they are unwilling to make all their SACD's hybrids or provide CD copies for a nominal fee, then they should be required to allow digital extraction of the audio data. But that will never happen - at least not while the DMCA is law.

      Incidentally, if I do buy a non-hybrid SACD, it's possible that I'm replacing an old CD, in which case I can copy the old CD before selling it. However, that's not technically legal. If it's not something I already have in another format, I can download or copy from a "friend", but that's not legal either (e.g. mp3.com). However, AFAICT it IS legal for me to run the analog audio output of my SACD player into my PC or a standalone CD recorder and get a copy that way. It MAY also be legal to hack a player to get a digital output - you're not circumventing any encryption, you're just picking up the data after it's been decrypted by the player.

      --

      Hey kids, there's only 5 days left 'til Yak Shaving Day!
    47. Re:Why is this even an issue? by Anonymous Coward · · Score: 0

      If the CD doesn't fit, you must acquit!

    48. Re:Why is this even an issue? by cayenne8 · · Score: 1

      TDSOTM 5.1 SACD version is a dual layer disc...you can play it on a regular player and make copies on your compression method of choice....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    49. Re:Why is this even an issue? by WNight · · Score: 1

      If cheap (half price?) upgrades were available between versions it wouldn't be an issue and people wouldn't feel ripped off. If the company took the original CD back when providing the upgrade there'd still be the same number of "licenses" in circulation - theoretically it should mean they wouldn't have to pay the musician again for that SACD you upgraded to, because you've still got the same song, just with different sampling and mixing. Everyone understands that technology moves on and old formats are replaced with new - the only reason it seems so bad in music and not for example, computer games, is that music has a long lifespan and we see the same companies that sell music bringing out the new formats. When Sony gets to sell new copies of all their music when they bring out SACD or some new format it's hard to not see that as a money grab.

    50. Re:Why is this even an issue? by Anonymous Coward · · Score: 0

      In the article, Micheal Glading, the MD of Sony NZ mentions that he is opposed to the move.

      Don't you love how the Sony execs have their spin on things? In one sense they, as part of a huge record label, are completely against copying of music (even for personal use/backups) because it will "open the gates". While in the other sense, these same people from Sony are selling DVD/CD burners, Minidisc players, and a buttload of accessories such as blank CDs. They just can't have their way and aren't happy unless they are screwing everyone.

    51. Re:Why is this even an issue? by WNight · · Score: 1

      In other words, you won't have a right to a copy but they won't have a right to forbid you. But, because you don't have a right to the copy they can copy-protect the CD without blocking your rights (you have none) and of course, making a personal copy will be allowed but having the ability to do so will not be, see the USA's DMCA.

      A worthless feel-good measure, unless they say that the consumer has the RIGHT to do this, not merely isn't violating copyright law.

    52. Re:Why is this even an issue? by andynz · · Score: 1
      Actually, this morning I printed a copy of the computer crimes amendments to the NZ Crimes Act. This probably falls under section 251 - "Making, selling, or distributing or possessing software for committing crime".

      Every one is liable to imprisonment for a term not exceeding 2 years who invites any other person to acquire from him or her, or offers or exposes for sale or supply to any other person, or agrees to sell or supply or sells or supplies to any other person, or has in his or her possession for the purpose of sale or supply to any other person, any software or other information that would enable another person to access a computer system without authorisation

      (a)the sole or principal use of which he or she knows to be the commission of a crime; or

      (b)that he or she promotes as being useful for the commission of a crime (whether or not he or she also promotes it as being useful for any other purpose), knowing or being reckless as to whether it will be used for the commission of a crime.

      So, I guess it is legal to buy software for ripping CDs, just not legal to sell or provide it.

    53. Re:Why is this even an issue? by Moocowsia · · Score: 1

      They'd probably make shipping cost more than the product is worth anyways...

      --
      Moo!
    54. Re:Why is this even an issue? by Eythian · · Score: 1

      Oh yes, it is definatly a money grab. However, unfortunatly, that doesn't stop the fact that it could be reasonably argued that it is a substantially different product, so they are effectivly different instances, and the copyright license of one has no bearing over the other. It isn't in the interests of the companies to do this (except perhaps the smaller labels who understand that how you behave towards the people who buy your products is reflected in how they behave towards those products).

  3. Aussies unite... by fpga_guy · · Score: 4, Informative
    and lobby for similar actions here. With the impending senate debate on the AUSFTA, it's time to lobby your local reps and senators.

    With any luck, we'll be rid of Howard (US bootlicker) in November, so don't forget to speak to opposition MPs as well.

    1. Re:Aussies unite... by fpga_guy · · Score: 2, Interesting
      I should have added, that the AUSFTA includes requirements that Australia implement DMCA-style anti-circumvention laws. So if it passes in its current form, you can effectively say goodbyte to format-shifting for encrypted media.

      An interest comment elsewhere that NZ forbits DVD region coding, and so they bloody should. Talk about doing nothing against piracy, and everything against fair use!

    2. Re:Aussies unite... by Yorrike · · Score: 4, Interesting
      DVD region coding is not illegal, however, it is perfectly legal to buy/sell DVDs that are not Zone 4 (Austrailia and NZ), here in NZ, and players that are not regioned.

      For example, when I bought my DVD player, one of the selling points the guy in the store made was it was deregioned (chipped locally), and could play any and all DVDs. And it does : )

      One of the most popular DVD retailers here (Real Groovy), sells Zone 1 DVDs right next to the Zone 4 DVDs (though they are more expensive due to importing).

      In fact, one chain of video rental outlets was actually threatened by a local distrobutor for selling Zone 1 DVDs in store (not renting, that would be illegal), before the local boys had released the zone 4 distro. It's all linked to our parrallel inporting laws, which allow for such things.

      Odd that a former British colony has more freedom than the land of the free : )

      --

      Looks can be deceiving. Or CAN they?

    3. Re:Aussies unite... by 0x0d0a · · Score: 1

      Dammit, that's "Bush bootlicker", not "US bootlicker".

      Most of us up here in the US would like to see the architect of the War for Oil out as much as you'd like to see Howard out, if not more.

    4. Re:Aussies unite... by fpga_guy · · Score: 1
      Dammit, that's "Bush bootlicker", not "US bootlicker".

      Most of us up here in the US would like to see the architect of the War for Oil out as much as you'd like to see Howard out, if not more.

      Fair call - I was just quoting what was painted on the side of the Navy vessel.

      Wandering way OT, but it was a real education for me travelling to the US last year at the height of the Iraq invasion, a vast majority of USians I spoke to (admittedly mostly tech/research types) felt the same way...

    5. Re:Aussies unite... by Anonymous Coward · · Score: 0

      Most

      Some. Some people don't want Bush to be the next President. Most of those are registered Democrats and do whatever Barbara Streisand tells them to do.

    6. Re:Aussies unite... by pknoll · · Score: 2, Funny
      Odd that a former British colony has more freedom than the land of the free : )

      The land of the free is also a former British colony.

    7. Re:Aussies unite... by Anonymous Coward · · Score: 0

      The land of the free (except where such freedoms interfere with a corporation's "right" to profit) and the home of the brave (as long as the terror alert level is green)

    8. Re:Aussies unite... by Anonymous Coward · · Score: 0

      Are you sure that you it's illegal to rent zone 1 DVDs? I know I've rented zone 1 DVDs from big chains like Video Ezy and the Wellington public library has heaps different zone dvds available.

      Also when I got my DVD player it said zone 4 on the box but plays DVDs from all zones, as did all the others in the shop.

    9. Re:Aussies unite... by lithiumcloud · · Score: 1

      Still is a British colony. Still is.

      --
      This space intentionally left blank.
    10. Re:Aussies unite... by Anonymous Coward · · Score: 0

      it's perfectly legal. that parallel import law is long gone.

  4. wow by natex84 · · Score: 4, Insightful

    a government finally showing some sense in the matter. i recently purchased several cd's from a favorite band of mine, ripped them, and the cd's now are nestled safe in my cd case. since i don't have a cd player at all (besides in my pc) the last thing i want to see is a cd that is not rippable. go NZ! :P

    1. Re:wow by glenalec · · Score: 1

      If memory serves correctly, NZ also outlawed DVD region coding as a restrictive trade practise. Any Kiwis like to elaborate?

      --
      The man with no surname and a silly hat

      On the universe: It's bunk.
    2. Re:wow by wastaz · · Score: 1

      Thats it. Im moving to NZ. No more of this "if this and that happens, Im moving to the last free country, russia"-shit, now it's New Zealand. NZ here I come!

    3. Re:wow by sirsnork · · Score: 1

      I'll elaborate... Yup :-)

      We can buy a DVD player and take it to a repair agent and have them replace a chip that removes the region code and the unit must still be covered under warranty.
      It's not really done these days though since almost all of the DVD players are region free anyway, or can be made so via the menu.

      --

      Normal people worry me!
  5. We have great laws here in NZ by walter_kovacs · · Score: 5, Funny

    First legalized prostitution, and now this. ;-)

    1. Re:We have great laws here in NZ by SlightOverdose · · Score: 1

      We have legal brothels in Australia too!

    2. Re:We have great laws here in NZ by Skater · · Score: 1

      Is NZ hiring?

      --RJ

    3. Re:We have great laws here in NZ by Anonymous Coward · · Score: 0

      For legal prostitution?

  6. You're not helping by fpga_guy · · Score: 5, Insightful
    I don't know why you feel you have some god given right to freely distribute something that you don't own...

    I'm all for fair use - I bought it, I can transfer media, backup and so on.

    But insistence that you should be able to freely distribute material is just ammunition for the RIAA, ARIA and other industry lobbiest bastards' weapons against fair use.

    1. Re:You're not helping by paramecio · · Score: 3, Interesting
      It's pretty public domain that some people want to simply get things for free, but this fact is the base for RIAA and such to steal our money for free. I understand that such companies want to make free money, as there always have been and always will be such low people in this world. What pisses me off is that our governments are doing nothing about it. Or maybe they are getting a little compensation ;) $$$

      Here in Spain we have the SGAE, a similar RIAA-thing. This agency is serving Spanish artists (serving? hahaha! here in spain artists suck so hard that SGAE charges even them!!! hahaha!). Well, the point I want to make about Spanish state of things is that 99.99% of the Spanish music artists and therefore its works are plain crap. As most (some) people simply skips crap on the stores these artist must have a way to earn money. So they sign up for the big cow, who fucks us all, drinks its own milk, and shits some peanuts for them.

  7. it won't happen by Anonymous Coward · · Score: 2, Funny

    Howard is a fucking idiot. Vote latham!

    1. Re:it won't happen by moxruby · · Score: 0

      (slightly offtopic)

      Howard is a fucking idiot. Vote latham!M

      I agree that Howard is one of the most cynical, lying, and manipulative politicians in living memory. For this reason alone the liberal party will NEVER recieve my vote as long as he remains leader.

      Sadly, Mr Latham doesn't seem like a big improvement.
      Government intervention in personal lives seems a big part of his platform, as does harping on about "ladders of opportunity". Come on, Mr Latham, policy detail and not empty rhetoric PLEASE!

  8. Don't Get Excited by tonyr60 · · Score: 5, Funny

    Before all you geeks get any ideas, NZ is a right crap place. The Govt is bloody awfull, the weather is terrible, and despite what you think you know, LOTR was actually made on the moon.

    We don't want any more to migrate here, the place is OK as it is.

    1. Re:Don't Get Excited by natex84 · · Score: 1

      LOTR was actually made on the moon

      and let me guess, the apollo 11 moon footage was shot somewhere in Europe? har! I shall not believe thy lies!

      *packs his bags*

    2. Re:Don't Get Excited by Anonymous Coward · · Score: 1, Funny

      No, the apollo 11 footage was shot in NZ. Like he said, crappy place...

    3. Re:Don't Get Excited by S3D · · Score: 1

      I wholeheartedly agree. What is the NZ immigration policy BTW ?

    4. Re:Don't Get Excited by Anonymous Coward · · Score: 0, Funny

      Yeah, it's a pretty underdeveloped place for a geek, you have to travel 10,000kms just to get a twinky or supersized meal, they've yet to recognise gun ownership as a fundamental human right, there are some locations where broadband isn't available etc etc, I could go on for ages

      BTW Not all of LOTR was shot on the moon, that's a myth, some of it was done in a sound stage.

    5. Re:Don't Get Excited by Anonymous Coward · · Score: 0

      If you can recite the LoTR word for word, and name everyone that has ever been an All Black, you can stay.

    6. Re:Don't Get Excited by praksys · · Score: 5, Interesting

      they've yet to recognise gun ownership as a fundamental human right

      NZ has an unwritten constitution so it is pretty hard to say which rights are recognised as fundamental. NZ'ers also have a lot of guns. Some estimates run up to about 1,000,000 guns for about 4,000,000 people (i.e. about one gun per household).

    7. Re:Don't Get Excited by trendyhendy · · Score: 1

      If you're Algerian, your treated as a terrorist.
      If your British, you can't get residency (unless you're Michael Barrymore).

    8. Re:Don't Get Excited by Anonymous Coward · · Score: 0

      Rifles, locked in gun cabinets.

      You can't carry guns in public, your wife gets to anonymously veto your license, and pistols are near non-existant.

    9. Re:Don't Get Excited by Anonymous Coward · · Score: 0

      And how many shootings do we have a year?

      Thank fucking god.

      Why should guns be a fundamental right?

    10. Re:Don't Get Excited by don.g · · Score: 1

      Damn. Guess I'd better leave then :-)

      --
      Pretend that something especially witty is here. Thanks.
    11. Re:Don't Get Excited by Darkangael · · Score: 1

      They need them with all those sheep

    12. Re:Don't Get Excited by onco_p53 · · Score: 1

      The policy has toughen in recent years, especially if you are a poor English speaker. You need a certain number of points.

      Excellent info can be found at http://www.immigration.govt.nz/.
      Probably have a good chance with the skilled migrant category.

      Luckily I was born here. I would hate to apply, I see the lines at the immigration office winding all the way out the door and onto the street every morning, hours before it even opens.

    13. Re:Don't Get Excited by PGillingwater · · Score: 1

      Before or after Pine Tree Meads? :=-)

      Oh, and do you want LotR with the authentic Elvish accent, or perhaps a Gondorian lilt?

      --
      Paul Gillingwater
      MBA, CISSP, CISM
    14. Re:Don't Get Excited by Anonymous Coward · · Score: 0
      they've yet to recognise gun ownership as a fundamental human right

      Just like every other foocking country in the world, minus one? :-D

      Weird, isn't it; wouldn't you think there's some reason why there's only one country in the whole wide world that has firearms related things in constitution?

      For what it's worth, I have started my own campaign for getting "driving a gus-gazzling automobile is a basic inalienable human right" amended in US constitution as well, wherein it rightly belongs! Next one will be making it illegal for homosexuals to drive cars, especially pink ones; and I'm sure I have plenty more ideas where those came from. :-D

    15. Re:Don't Get Excited by rh2600 · · Score: 1

      Yup, no twinkies here (as far as I can tell), but all fast food joints all supersize (if that's what you mean).

      Anyone licensed can own a gun, and anyone can get a license - as far as I am concerned it's a much better system than in the states. Let me put it this way, our cops don't even carry guns. They have patrol cars on call with an arsenal in the boot (trunk) for armed offender call outs, but this usually results in a SWAT team that are supposed to be among the best in the world.

      Broadband is still not everywhere, though most of the population live in a couple of cities which all have broadband, though it is monopolised by one telco that owns all the lines. The government is currently trying to sort this.

      Local phone calls have always been and still are free (think back to the BBS days, it was awesome)

      Underdeveloped for a geek? Hardly. ;)

    16. Re:Don't Get Excited by andynz · · Score: 1

      Oh no, what we have here is not supersizing. Supersizing a fast food meal in NZ gets you a medium size meal in US terms.

  9. Wisdom From Deep Down Under by amigoro · · Score: 5, Insightful
    From the country that gave us LOTR and the All Blacks, comes something equally important: A piece of sensible legislation.

    There is a lesson to be learned here. There's no economic loss to record companies when people copy their own CDs to MP3s or some other digital format. However, it will cost the government millions to enforce a law that prevents that.

    Therefore, the sensible thing to do is, let the people copy their own music. As long as they don't pass it on illegitimately (which, actually happens even if you ban copying once own CDs), this should be a solution that makes both the companies, the people, and the the industry happy.

    It's high time other countries followed soot.

    Three cheers to the Kiwis!!!

    Moderate this comment
    Negative: Offtopic Flamebait Troll Redundant
    Positive: Insightful Interesting Informative Funny

    --


    Nothing to see here
    1. Re:Wisdom From Deep Down Under by 88Seconds · · Score: 1
      There is a lesson to be learned here. There's no economic loss to record companies when people copy their own CDs to MP3s or some other digital format. However, it will cost the government millions to enforce a law that prevents that.


      Any law preventing people from doing so, does not benefit the people so could it be regarded as unjust. No-one is losing out financially if I were (hypothetically speaking of course) to rip my CDs to another audio format, providing I did not distribute them.

      Interestingly, suppose I lent one of my CDs to a friend to listen to, and they were to make a copy of it, without my knowledge. Where would I stand in the eyes of the law here in NZ. I know it says, or used to say, on the insert that lending was forbidden, along with public broadcasting, without the express permission of the record label. But then most CDs here are pressed, labelled and distributed in Australia, so what may apply there may not apply here. And if your taste in music is obscure, you end up having to get items shipped from the US or EU. In that instance what could a record company do here, when they choose not to distribute the product that's being copied.
    2. Re:Wisdom From Deep Down Under by atamar · · Score: 2, Informative

      > A piece of sensible legislation.
      > It's high time other countries followed soot.

      Some countries already did. (They got lost in the chimney. Others followed suit. Well, actually, they sort of took the lead in the matter. Not to belittle NZ, though - the legally required disabling of region control in DVD players was great.)

      This is a perfect example of scare tactics of the music industry. Making copies of video/audio (for personal use, where "personal" means you and your immediate family) has long been legal in Finland. In fact, this right extends to making a copy or two of borrowed material, be it from a friend or from a library.

      As inconceivable as it is to the RIA* noisemakers, the movie and music publishers are in perfect health and seem to be making a tidy profit even in this land of moral decay.

      Caveat: to compensate for this, there is a fee on recordable media. This would be sort of OK, but the folks supposedly distributing the fees among copyright holders aren't all that forthcoming with their policies, and this is the same bunch of RIAA equivalents that want fees from kindergarten classes singing copyrighted christmas songs and taxis with the radio playing.

      Current legislators don't seem to be quite as savvy when it comes to cultural wealth: software copies are restricted to a single backup, and opening DRMS'ed content is now illegal, if I remember recent developments correctly. No doubt the media companies lobby effectively even here.

      By the way, I'm fairly certain .fi is not a pathfinder. Haven't the other Nordic countries and Canada been pretty progressive?

    3. Re:Wisdom From Deep Down Under by DataCannibal · · Score: 1

      "From the country that gave us LOTR and the All Blacks"

      Remind again who made LOTR, and who won the World Cup?

      --
      No but, yeah but, no but...
  10. New Zealand is Progressive by oacis · · Score: 5, Interesting

    New Zealand has always been surprisingly progressive when it come to technology (surprising because of the decisions of some other *cough* Australian *cough* governments, not because of anything else). DVD players with region codes are illegal in New Zealand - they see it as anti-competitive and trade restrictive.

    That's why I buy my stuff from NZ - the $AU coupled with the open trade agreement - no import tax - yay!

    --
    This is NOT the best sig in the world, but this IS a tribute to the best sig in the world.
    1. Re:New Zealand is Progressive by tonyr60 · · Score: 1, Flamebait

      " New Zealand has always been surprisingly progressive when it come to technology (surprising because of the decisions of some other *cough* Australian *cough* governments"

      NZ has NO association with that land mass across the Tasman Sea populated by convicts.

      WTF do people from other parts of the world think we are part of Aus?

    2. Re:New Zealand is Progressive by Anonymous Coward · · Score: 5, Funny
      WTF do people from other parts of the world think we are part of Aus?

      You're one of top two least corrupt nations on the planet, one of the top three on economic freedom, press freedom is high and you made the most successful film trilogy of all time. So we have to annoy you somehow...

    3. Re:New Zealand is Progressive by TwistedSquare · · Score: 1

      I don't think they think you're part of Australia. Its more like the US and Canada - if the US introduced something like the DMCA but Canada didn't then that would be of interest because why should the US have introduced it if their neighbour hasn't, and doesn't that mean people can just shift across to Canada if they want to be free of it.

    4. Re:New Zealand is Progressive by Anonymous Coward · · Score: 0

      Because NZ is small and pathetic and is rather less economically powerful than any of our states? Because of our generosity in allowing all your dole bludgers to come over here and hang out in our pubs? Because to the uneducated foreigner the accent sounds the same, even if it is clear to that NZ people sound like escapees from the "spushul ulumpucs"?

      Just a couple of guesses.

    5. Re:New Zealand is Progressive by Anonymous Coward · · Score: 0

      Right on bro! We're not part of fucken Aussie eh! Did you see my choice new tracky daks? Choice bro!

    6. Re:New Zealand is Progressive by Anonymous Coward · · Score: 0

      The grandparent post just says that NZ is different when compared to a neighboring nation.

    7. Re:New Zealand is Progressive by Anonymous Coward · · Score: 0

      Because people from other parts of the world aren't as cool as New Zealanders. (unfortunately i'm from the other parts)

    8. Re:New Zealand is Progressive by Kris_J · · Score: 2, Informative

      Region coding may not be illegal in Australia, but neither is regionfree-afying your equipment. I use DVD Region X on my PS2, my mother's DVD player just needed Pi entered in a specific way to go region free. Because of the ease with which this is achieved, many stores sell stuff from other regions. I bought the Region 1 Firefly box set in a city store last weekend.

    9. Re:New Zealand is Progressive by Anonymous Coward · · Score: 1, Insightful

      As an Australian, I hate to admit it, but the Kiwis have their head screwed on right. The world followed them in granting women suffrage. Hopefully the world will come to it senses on this one as well. Hang in there NZ, we're counting on you!

    10. Re:New Zealand is Progressive by david.gilbert · · Score: 1

      As a Kiwi, I hate to admit it, but you're right!

    11. Re:New Zealand is Progressive by rh2600 · · Score: 2, Informative

      Not sure about that, I don't think Region Coded DVD players are illegal. We have a region here (4) and most players are coded, I had to do unlock mine. This NZ government also restricted the importation of Non-region 4 DVD's into the country as NZ reps of the major studios where moaning that DVD shops in NZ were selling Region 1 DVD's of movies currently showing at the cinema.. This really irritated me, as there are lots of DVD's that aren't in Region 4, and the studios should get movies here sooner. It is still legal to import/buy from amazon region n dvd's for personal use though. So I guess it is not really much of a problem.

    12. Re:New Zealand is Progressive by AnimeFreak · · Score: 1
      Purchasing power parity: $78.4 billion (2002 est.)
      Real growth rate: 3.3% (2002 est.)
      Per capita: $20,100 (2002 est.)

      Composition by sector:
      Agriculture: 8%
      Industry: 23%
      Services: 69% (2001)
      Doesn't really seem that insignificant. In fact, it's per capita rating increased by $2,000 from 1998.
    13. Re:New Zealand is Progressive by tunah · · Score: 2, Interesting

      Hmm, is this recently? I haven't seen any region coded players here, they all seem to be multizone, even the $NZ100 ones. I think it's more a case of there not being any laws _against_ unlocking them, and there being no commercial incentive - customers don't want region coding and plenty of suppliers produce region free ones.

      --
      Free Java games for your phone: Tontie, Sokoban
    14. Re:New Zealand is Progressive by Anonymous Coward · · Score: 0

      Regionfree-afying will be illegal once the FTA comes into force. To remain legal, you need to lobby your local member against the FTA.

    15. Re:New Zealand is Progressive by Anonymous Coward · · Score: 0

      To annoy an NZer, just talk about how you're free to walk around outside without wearing high-SPF sunscreen and a hat.

    16. Re:New Zealand is Progressive by ajs318 · · Score: 2, Insightful

      How could there ever be a law anywhere against unlocking your own DVD player? If it's your own property, you can do what the hell you like with it after you've bought and paid for it with money you earned by your own graft. Well ..... maybe in some kind of totalitarian state with no concept of private property, where the Government claims all ultimate rights on everything and merely deigns to falsely delegate them to its subjects ..... or if it was on hire purchase it might be reasonable to expect you not to mutilate it for the term of the loan, in case they need to repossess it and it should be fit to resell to someone else ..... but in the free world, a sale is a sale and the vendor waives all rights over the goods when payment is made in full.

      --
      Je fume. Tu fumes. Nous fûmes!
    17. Re:New Zealand is Progressive by Anonymous Coward · · Score: 0

      And in a single drop of my piss there are BILLIONS and BILLIONS of molecules.

      Everything's relative, my insecure little kiwi mate.

    18. Re:New Zealand is Progressive by TwistedSquare · · Score: 1

      Unfortunately EULAs and things like the DMCA restrict what you can do with your own stuff. There's laws/licences against what you can do with your own property in most western countries nowadays :(

    19. Re:New Zealand is Progressive by ajs318 · · Score: 1

      Most countries have a Sale of Goods Act which predates the advent of EULAs and which an EULA would quite clearly contravene. An EULA is a purported agreement between you and the vendor, but hardware is sold, not licenced; and even if you lied to the vendor about what you were going to do with it after you bought it in order to be allowed to buy it, the transaction still stands. Also, in most countries, your statutory rights are sacrosanct and cannot be diminished, only extended, by any agreement between vendor and purchaser. Therefore, the portions of an EULA that conflict with existing legislation are unenforceable -- and in some jurisdictions, the entire agreement would be null and void, not just the conflicting portions.

      --
      Je fume. Tu fumes. Nous fûmes!
    20. Re:New Zealand is Progressive by hplasm · · Score: 1

      in "...some other *cough* Australian *cough* governments" imagine brackets where the *cough* is - he's not implying that you're part of Oz...but probably loads of others have... he's having a go at OzGov.

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
    21. Re:New Zealand is Progressive by quantum+bit · · Score: 1

      An EULA is a purported agreement between you and the vendor, but hardware is sold, not licenced; and even if you lied to the vendor about what you were going to do with it after you bought it in order to be allowed to buy it, the transaction still stands.

      If only it were that simple. I think the reasoning goes that the hardware is yours, but the firmware is protected by copyright and you can't use (license) it without agreeing to the EULA. Completely asinie, but that's what the lawyers seem to think.

      Of course there may be a loophole there for devices like DVD players. The original argument that perverted copyright law from restricting distribution to restricing use was that you couldn't use software without making a copy (into RAM). However in most devices, the firmware executes directly from flash and never gets copied into RAM, so it's possible that things like EULAs could be completely invalid for them.

    22. Re:New Zealand is Progressive by AnimeFreak · · Score: 1

      I am no Kiwi.

    23. Re:New Zealand is Progressive by Anonymous Coward · · Score: 0
      As a Kiwi, should also be aware of this. Here is a choice quote:
      They [AU + NZ Prime Ministers] agreed that all options should be left on the table, including the options of joint laws and joint competition policies.
      Combine that with the IP provisions of the AUSFTA that the Australian government is about to commit to and you have the makings of a disaster for NZ.
    24. Re:New Zealand is Progressive by lithiumcloud · · Score: 1

      The traffic cops are all the annoyance we need, thank you very much...

      --
      This space intentionally left blank.
  11. Don't they trust us? by ahkitj · · Score: 2, Interesting

    Come on, if we can be trusted to photocopy from books on an honour system with regards to how much we can copy for fair use, we can damn well be trusted to give ourselves one copy of an audio CD. And why stop at CDs?

    Of course there's going to be the fringe element, come on. Even with students (not like me) desperate enough to photocopy a whole sociology or -- heaven forbid -- a 600-page politics textbook on the New Zealand Parliament!

    --
    Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
    1. Re:Don't they trust us? by SFBwian · · Score: 1

      Doesn't photocopying a large amount cost more than just buying a copy of the book in the first place?

      --
      I'm looking to get rich. I've got steps #2 (????) and #3 (PROFIT!) planned out, but am having trouble coming up with #1.
    2. Re:Don't they trust us? by ahkitj · · Score: 1
      Doesn't photocopying a large amount cost more than just buying a copy of the book in the first place?
      I see your point. At least with a 600-page book. But with smaller books that were hard to get hold of, I'm pretty sure I did see large swathes of books get photocopied. Even if not in one sitting. :) So I don't think my comments were completely nutty.
      --
      Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
  12. Kiwi by Viceice · · Score: 5, Funny

    ... or tuned array of hummingbirds.

    You mean, a tuned array of Kiwis?

    --
    Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
    1. Re:Kiwi by Anonymous Coward · · Score: 0

      Listen to the finally tuned NZ birds on CD here:
      http://www.natureandco.co.nz/store-nz/catal og/prod uct_info.php?products_id=1429

    2. Re:Kiwi by Anonymous Coward · · Score: 0

      no thanks, I hear enough squawking when one calls a kiwi an aussie

    3. Re:Kiwi by MrIrwin · · Score: 1
      Can you suggest any hardware devices for compressing a tuned array of Kiwis?

      I tried with a cider press but the noise that came out was just dreadful.

      --

      And if you thought that was boring you obviously havn't read my Journal ;-)

    4. Re:Kiwi by bernywork · · Score: 1

      A tarago in an accident.

      Call it lossy compression.

      --
      Curiosity was framed; ignorance killed the cat. -- Author unknown
    5. Re:Kiwi by Anonymous Coward · · Score: 0

      Kiwis sing like cowboyneals wife. Stop screaming, bitch!

  13. Flamebait? by BiggerIsBetter · · Score: 2, Interesting

    How about insightful? I'm not a big fan of our Police roading enforcement right now, but that aside, NZ is actually making laws that reflect the reality of the people. Prostitution ain't flash, but it's real, and legalising it means the girls get the same workers rights as anyone else. CD ripping is common place, and is considered "fair use" in the eyes of all outside the music sales industry boardrooms. These laws reflect the people's view, not some corporation's greed. I guess that's why it's news here on US based Slashdot.

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
    1. Re:Flamebait? by pacc · · Score: 1

      Prostitution ain't flash, but it's real, and legalising it means the girls get the same workers rights as anyone else.

      Does that mean the same contracts as artists sign to the recording industry, then I'm not sure if it's a good thing.

    2. Re:Flamebait? by olderchurch · · Score: 1

      Like a union? (Sorry the site is in dutch, there is an article about them in english at the beeb)

      --
      Disclaimer: This opinion was created without the use of any facts
  14. This is what upsets me by paramecio · · Score: 5, Insightful
    "More blank CDs are now sold in New Zealand than pre-recorded discs."

    Shit, man! Main use for blank CDs is not music-and-video-piracy for many of us. I do backups, store my five-megapixel pictures and burn linux distros to give away to my friends! And I'm just avoid talking about hard disks...

    I feel sick! Stop this madness!

    1. Re:This is what upsets me by Anonymous Coward · · Score: 0

      And more blank papers are sold than sheet music.

    2. Re:This is what upsets me by ahkitj · · Score: 1

      "AOL."

      I just wasted 17 CDs just to back up an HDD. I have always seen a burner as a chance to do backups. Maybe the fifth columnist position is to have the record companies make us pay a huge licence fee on either or both the CD-Rs or burners to make my backups of my own data, let alone any audio CD stuff no longer cost effective.

      I'm not assuming a conspiracy theory here, rest assured. :)

      --
      Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
    3. Re:This is what upsets me by ajs318 · · Score: 1

      Sheet music? You mean people are giving away the source code to their music now? Oh no!

      --
      Je fume. Tu fumes. Nous fûmes!
    4. Re:This is what upsets me by zakezuke · · Score: 1

      "More blank CDs are now sold in New Zealand than pre-recorded discs."

      I thought this was due to the high cost of broadband :P

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
  15. MOD THIS UP!!! by Anonymous Coward · · Score: 0

    MOD THIS UP!!!

    It's True!

    1. Re:MOD THIS UP!!! by SlightOverdose · · Score: 5, Interesting

      For the Americans, this sums up Australian politics.

      Howard (aka "Little John"): Spends his time dry humping Bush's leg. Formed a "once in a lifetime" free trade agreement with the U.S. That gave us absolutely nothing, and put a shitload of aussies out of work. Is extremely vague when asked anything.

      Latham: Opposition Leader. Cries like a little girl in parliment when things don't go his way. Breaks taxi driver's arms in his spare time.

      Crean(aka "The invisible man"). Did absolutely nothing to try and win our votes. Superseded by Latham. Last seen ignoring people.

      Beazly(aka "Big Kim"). Nobody liked him. Lost the last federal Election. Now he's better than any candidate currently running.

      Pauline "Please Explain" Hanson: Fraudulently formed a political party and stole half a million dollars of tax payers money, and god knows how much in donations. Got caught. Went to Jail. Still has supporters who claim she was a political prisoner. Her only policy, EVER, was to get rid of speed cameras. Spent an hour on sixty minutes telling us that. Also tried to bring in a new tax system, the design of which she stole from someone else (who, incidently, said it wouldn't work in the real world). Last seen complaining about something.

    2. Re:MOD THIS UP!!! by ryepup · · Score: 4, Informative

      For the Australians, this sums up American politics.

      Bush (aka "Warrior King"): Fighting for the peace and justice of the rich's money. Master propagandist, but shooting himself in foot with over-the-top commercials and muzzled federal employees resigning and talking to the press. Has a campaign fund of over 100 mil.

      Kerry: Not Bush. Flip-flopped on issues a bit, decorated Vietnam vet, best hope for a not-Bush president. Campaign fund of around 2.4 mil.

      Lets see if bush can buy the country again. (The last time being the pointless $300 tax rebate, makes everyone like him for something pretty insignificant)

    3. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 0
      For the Americans, this sums up Australian politics.

      Howard (aka "Little John"): Spends his time dry humping Bush's leg. Formed a "once in a lifetime" free trade agreement with the U.S. That gave us absolutely nothing, and put a shitload of aussies out of work. Is extremely vague when asked anything.


      Well, I don't know how the FTA has given us absolutely nothing and put a "shitload" of people out of work seeing it's been ratified by neither country's parliaments. And it's "Little Johny", not "Little John". He really does like Dubya's leg, too.


      Latham: Opposition Leader. Cries like a little girl in parliment when things don't go his way. Breaks taxi driver's arms in his spare time.


      He also pretends to want to cut politician's pay, but in his last job (on a local council) he forced through a measure to increase his own pay. Now he's in federal politics he cuts everybody elses and gets all self-righteous about it.


      Crean(aka "The invisible man"). Did absolutely nothing to try and win our votes. Superseded by Latham. Last seen ignoring people.


      He looks like a big water rat, and that never helps in politics. Former union representative.


      Beazly(aka "Big Kim"). Nobody liked him. Lost the last federal Election. Now he's better than any candidate currently running.


      Also known as Blocker Beazley. Challenged to get the leadership of the opposition party from Crean twice, lost both times. Born loser.


      Pauline "Please Explain" Hanson: Fraudulently formed a political party and stole half a million dollars of tax payers money, and god knows how much in donations. Got caught. Went to Jail. Still has supporters who claim she was a political prisoner. Her only policy, EVER, was to get rid of speed cameras. Spent an hour on sixty minutes telling us that. Also tried to bring in a new tax system, the design of which she stole from someone else (who, incidently, said it wouldn't work in the real world). Last seen complaining about something.


      Hmm, that one policy was a good one though, wasn't it? Stupid people shouldn't really get into politics though. She very famously once went on TV with her political minder and he answered all the questions for her. heh :)
    4. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 0

      Damn, "Latham: Opposition Leader" sounds like one hell of a videogame.

    5. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 0

      An unbiased view of American politics, so it seems :)

    6. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 4, Interesting

      For Australians and Americans, this sums up New Zealand politics:

      Helen Clark (the Prime Minister): scheming realpolitik plotter. Pokes her tongue out in parliament & behaves like a nyah-nyah-nyah child there, is always either scowling & smurking, or smiling narcistically whenever she's the centre of attention. Gives herself excessive self-praise as a "competent" prime minister. Has signed other people's paintings & passed them off has her own. Seems to intensely hate anybody not part of the 'university left' / 'liberal' clique, such as George Bush and the Greens (whom she calls Anarcho-Goths or something). Called a TV3 reporter a "little creep" after he interviewed her about covering up about a G.M. corn release. Dresses and speaks like a lesbian (though she is married, and denies she is).

      Don Brash: Opposition Leader, former head of the Reserve Bank: has no understanding what others are thinking. Neo-liberalist extrordinaire. Has famously stated that nobody should own their own house. Lost to the Social Credit Party in a National Party safe electorate seat... twice. Is married to a Singaporian women he had an affair with while still married. Main campaign strategy seems to be fussing about special-rights given to Maoris (they vote for Labour, so the government tries hard to aplease them, along with immigrants).

      Winston Peters: leader of the New Zealand First party: arrogant ruthless task-oriented political battler. Obsessively despises corruption and ineptness. Highly intelligent. Practically is the whole party's functional existance. Widely considered to have an alcohol problem.

      Jeanette Fitzsimons: leader of the Green Party. Very nice, kind smiley person. Has the charisma of a half-watt light bulb. Lives on her own self-sufficient organic farm. Has some crazy person stalker her.

      Maybe you'll find something more positive about NZ here: http://www.imdb.com/title/tt0298228/

    7. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 0

      HEY, I WOULD RATHER HAVE BUSH THAN THAT DEMECRAT PUSSY KERRY! i mean honestly, even the fucking vietnam vets are pissed at him for all his lies.
      and he never makes sense either..."i actually voted for the 82 billion dollars, before i voted against it." wtf? Bush all the way

    8. Re:MOD THIS UP!!! by YrWrstNtmr · · Score: 1

      Flip-flopped on issues a bit,

      A bit? Did he or didn't he vote for taking action in Iraq? [Yes, he did]
      Did he or didn't he vote for the $87B to fund it? [No, he didn't]
      If you ask him, we might never actually know WTF he stands for.

      decorated Vietnam vet

      ...who threw his medals away in a very public showing. And then displayed them on his office wall. And now uses those medals as a campaign point.

      best hope for a not-Bush president

      'Not-Bush'
      Would Kerry actually be a better president, and why? [Because he's 'not Bush' is not an answer]
      Be specific. There will be a test.

    9. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 0

      The quality of your writing adeptly conveys the fact that you are an uneducated clueless idiot. So we already know where your vote will go, you don't need to tell us.

      Also, for the benefit of humanity, please don't reproduce.

    10. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 0
      Pauline "Please Explain" Hanson: ... Her only policy, EVER, was to get rid of speed cameras.

      I thought she also had a policy to get rid of foreigners (including Aborigines), or did that only apply in Queensland?

    11. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 0
      Also, for the benefit of humanity, please don't reproduce.

      Even if your sibling is willing and there's still room in the trailer for more of you.

    12. Re:MOD THIS UP!!! by SlightOverdose · · Score: 1

      I never paid a lot of attention to her ramblings, but I believe she didn't like the fact that Aborigines could claim special benefits and live quite comfortable on welfare, while 30% of Australians struggled through poverty. Of course she went about it the wrong way and pissed people off; she just didn't know how to play the politics game. Nowadays the work for the dole system eliminates most of the unfairness.

    13. Re:MOD THIS UP!!! by Catbeller · · Score: 1

      "Kerry: Not Bush. Flip-flopped on issues a bit"

      No. He didn't. Pure Bush put-it-in-the-echo-chamber lie. Please don't help the echo.

    14. Re:MOD THIS UP!!! by chochos · · Score: 1

      wow... I was just considering (seriously considering) getting a resident visa for Australia and moving there... but your government doesn't sound very different from mine (Mexico).

    15. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 0

      Americans don't care about American politics. What makes you think we care about NZ politics.

    16. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 0

      Yeah, with writing like that, people could easily mistake you for a dumbass Democrat educated in one our lousy government schools.

    17. Re:MOD THIS UP!!! by Anonymous Coward · · Score: 0

      Pauline Hanson won her appeal against her conviction, as did Etheridge.

      Ignore this liar.

    18. Re:MOD THIS UP!!! by drunkenbatman · · Score: 1

      Kerry: Not Bush. Flip-flopped on issues a bit, decorated Vietnam vet, best hope for a not-Bush president. Campaign fund of around 2.4 mil.

      Um, something to keep in mind when quoting figures is that is that well, democrats were pretty much the first in this case to completely emasculate campaign finance reform. Sure, the candidate isn't getting the large chunks of 'soft money', but rather something like 20+ pro-kerry groups are. Think move-on but much larger. And they collectively have something like 250million+ to spend. As they see fit. Prolly most in attack ads.

      It's actually kinda funny, even as its sad (I've heard big-name dems basically say they're disgusted with how their party went straight out to try to work around the reforms) in that the repubs were far and away ahead in donations as far as what most people, but in reality are actually a little behind as they haven't gone and formed this 'independent' groups. They've started to make steps in that direction, but not really.

      Although if I were Kerry I'd be real annoyed at just how much money got spent in the primaries by some of the wealthier candidates (Dean went through what, like $50mil+?) that just fattened up the media agencies that are gonna descend on him like a hawk once this boring race starts to really heat up.

    19. Re:MOD THIS UP!!! by lifespan · · Score: 1

      You don't seem to like it here. Maybe you should emigrate and see how good you used to have it.

      --
      -- Howto: Get +5 (1) Whine about M$ (2) Namedrop Gentoo (3) Casually Abuse Mods (4) Namedrop Early Computer Model
  16. Sony NZ Hypocracy by donnz · · Score: 4, Insightful

    Sony NZ managing director Michael Glading said he was totally opposed to the move, which he believed would "open the floodgates" to unrestricted piracy.

    This would be the same Sony NZ who have been selling MP3 players in New Zealand for many years now. How on earth did they expect their clients to find anything to play on these devices without breaking the law? I'd like to hear them give an answer to that.

    --
    -- Free software on every PC on every desk
    1. Re:Sony NZ Hypocracy by Anonymous Coward · · Score: 0

      Michael Glading is an idiot anyway. I used to write and record for Sony NZ 'til Glading, the Accountant posing as an MD, decided we were "too retro". A few months later he was creaming his jeans over Oasis as "the new Beatles".

      Remember that record companies are financial institutions - nothing to do with art or technology.

  17. Binding media ownership to licenses by lightspawn · · Score: 3, Insightful

    NZ law already makes it clear that gifting or reselling items includes a transfer all of rights, including copyright, warantee, and licencing agreements, so providing your original is the genuine article you're not a criminal.

    What if an actual criminal steals the genuine article? If my rights disappear because no longer own it, does it mean they get transferred to the criminal?

    What if the original article is destroyed? Does it matter how it happened?

    1. Re:Binding media ownership to licenses by tonyr60 · · Score: 3, Informative

      "What if an actual criminal steals the genuine article? If my rights disappear because no longer own it, does it mean they get transferred to the criminal?"

      No, the NZ crimes act states that ownership of any property stays with the owner until it is legally assigned to some other entity. So even if a CD is stolen, the owner remains the legal licensee.

    2. Re:Binding media ownership to licenses by zakezuke · · Score: 1

      No, the NZ crimes act states that ownership of any property stays with the owner until it is legally assigned to some other entity. So even if a CD is stolen, the owner remains the legal licensee.

      Unless you have some proof that you own it, I can see it very hard to defend.

      If someone liberated the media and not the case, I can see as proof of ownership... but without a case or other proof of purchace, i'd say you're SOL.

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    3. Re:Binding media ownership to licenses by Alsee · · Score: 4, Interesting

      Disclaimer, I don't know squat about NZ law, but it's almost inconceivable that NZ law is different than just about every other country in the world on this...

      So even if a CD is stolen, the owner remains the legal licensee.

      No, you mean the owner remains the legal owner.

      You are not a licensee unless they have licenced you copy rights to manufacture more copies or for public performance or the like. Only rights get licenced, particular copies are always owned. There is no such thing as a licence to "use". You buy a book and you have every right to read it without any licence whatsoever. You buy a CD and you have every right to listen to it without any licence whatsoever.

      The copyright lobby is trying to totally redefine copyright to grant them rights over ordinary "use". They are doing a frightningly good job of convincing the public that copyright already says various things that they want it to say. When the public and the legislators believe that copyright already says what the industry wants it so say then it becomes easy for the industry to get laws passed making those changes because no one realizes it's a change. Hell, even when legislators do realize it's a change they think they are "fixing" a problem with the law because the law didn't say what they thought it was supposed to say. It's a very insidious tactic, and the media / publishing companies are the masters of manipulating perceptions.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Binding media ownership to licenses by Anonymous Coward · · Score: 0

      "It's a very insidious tactic, and the media / publishing companies are the masters of manipulating perceptions."

      There you go! Hit the nail on the head!

      I have been trying at least since the early 80s to find somewhere that a person could find out what is actually legal and what is illegal, on the odd chance that a person might actually want to obey, or said another way, not break, the law. (When it comes to copyrights.)

      First off, it is way too complex. One of the biggest needs if we ever do get traction to changing copyright laws for the public's benefit is to make the whose thing simple for a layman to understand.

      I say this because, in my view, complexity in an area like this reserves the area to the well funded players. The small guys can't afford the legal muscle to understand the rules of the game so they can get in it.

      Secondly, in looking around, the big copyright owners of the world, never seem to mention what you are allowed under fair use. Unless they have changed lately (for the better) or my memory fails me (entirely possible, I will admit) they always explain that making any copy for any reason, is illegal. Since we know this to be false, we know we cannot trust anything they say on the matter. We know that whatever they say on the matter is self serving rather than true. Now, sometimes the truth will serve their interests and they will tell us. But they surely will not tell us the truth when it does not serve their interests.

      I have yet to find a place to learn what is legal in a simple manner.

      Thirdly, barriers to entry. Complexity mentioned above is one. I think high costs to get going is another, although the complexity may have me bamboozled.

      Say I want to select songs that I think would go well together and make mix or compilation cds and sell them. Now I am just starting out and only want to make say 5 or 10 copies to see if people like my selections. My idea is to start small with minimal investments and grow if I can.

      Can someone who actually knows what they are talking about put together an explanation and a what-if spreadsheet that will show people who want to try this business what they need to do, and what it will cost them. Assume that they want to do it all legally.

      Can someone who actually knows what they are talking about explain to us all what a DJ needs to do to be legal. Is there a difference DJing for clubs versus for private events versus in private homes?

      Could go on, but need to stop.

    5. Re:Binding media ownership to licenses by Alsee · · Score: 1

      I want to select songs that I think would go well together and make mix or compilation cds and sell them.

      That is pretty much impossible to do legally, unless you restrict yourself to songs by your brother's garage band. The RIAA cartel controls the copyrights to most every artist anyone has ever heard of, and the RIAA has absolutely zero interest in dealing with you.

      Is there a difference DJing for clubs versus for private events versus in private homes?

      US copyright law has the following definition:
      To perform or display a work ''publicly'' means - to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered

      If it's a private party of YOUR family and social circle then it's a fair use. You can play your personal CD's at your own New Years Eve party with your crew. You can play whatever your friend's bring too.

      If it's open to the public and/or you're hired to DJ's for profit then it is a public performance and you need for pay for public performance licencing...

      what a DJ needs to do to be legal

      The three major performance rights organizations are ASCAP, SESAC, and BMI. You'd need to sign up with one or more of them. ASCAP is the largest and slightly more expensive than BMI. SESAC is signifigantly smaller and cheaper and only represents European artists. If you only sign up with one then you can only (legally) play the artists associated with that group.

      I *think* ASCAP and BMI cost somewhere between $100 and $270 per year each, and I *think* SESAC is under $90 per year.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    6. Re:Binding media ownership to licenses by Shurhaian · · Score: 1

      You still own it, in either case(though I suppose if you voluntarily destroyed it, that would be a sign that you no longer wish to do so). Stealing something doesn't mean the thief owns it, and "in case the original is damaged/destroyed" is the whole point of backing up a CD/tape/whatever, isn't it?

      --
      NB: YMMV. IANAL. Take the above with a grain of salt.
  18. IMHO by Neo-Rio-101 · · Score: 2

    New Zealand and Australia are like the US Guinea pigs for new technology. Before the US makes use of it themselves, giving it a test-run in a developed, friendly, and reasonably well-off country like Australia and NZ makes for a good test case.

    --
    READY.
    PRINT ""+-0
    1. Re:IMHO by ahkitj · · Score: 1

      On the New Zealand 'peso', no less. Oops, I mean dollar. :)

      With some luck with that USD exchange rate, I'll soon be able to afford the next generation of DVDs from the States to 'format shift' them onto something damned more convenient to me. Or back up those original CDs of mine and using the backups... oh wait. I'm doing that already.

      --
      Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
    2. Re:IMHO by SlightOverdose · · Score: 1

      Nope. America usually gets stuff at least a year before us (Australia), and don't get me started on Japan.

    3. Re:IMHO by BlueLightning · · Score: 1

      You hope.

    4. Re:IMHO by Hitmouse · · Score: 1

      America often ends up with an inferior early implementation (NTSC anyone?). Digital cable is going out over an aging cable infrastructure; in Australia it's probably over fibre-optic to the curb/kerb. Having lived and worked in several countries I especially noticed that the US electronic banking, bill payment and telephone systems are way behind other first-world countries. Often there's a web-based front-end to a very slow and messy paper-based system.

    5. Re:IMHO by SlightOverdose · · Score: 1

      Fiber to the curb? Telstra? Nuhu. Telstra botched idea of laying cable has left a significant part of Australia unable to even get ADSL despite being close enough to an exchange. If you happen to live in a capital city you MIGHT be able to get cable, but certainly never fibre.

    6. Re:IMHO by schnablebg · · Score: 1

      Similar to how Jews were used by the Germans in WW2 to test out new technology.

  19. branches by ahkitj · · Score: 1

    I find a lot of the double talk is because one arm of the corporations don't know or care what the other does. It's how a lot of our esteemed (ho, ho) companies that run record labels turn around and sell burners on the side. Oh, and music players.

    Now, I really want to legally format shift my household's MP3^H^H^H LP collection, dammit! :)

    --
    Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
    1. Re:branches by donnz · · Score: 1

      OT but whilst you're at Internet NZ how about getting them to stump up some cash to help ITANZ oppose the Amazon patent?

      --
      -- Free software on every PC on every desk
    2. Re:branches by Anonymous Coward · · Score: 0

      "I find a lot of the double talk is because one arm of the corporations don't know or care what the other does. It's how a lot of our esteemed (ho, ho) companies that run record labels turn around and sell burners on the side. Oh, and music players."

      I remember hearing on triple js' morning show (which has since morphed into Hack, that although the record label arm of the company doesn't like the electronics arm selling products that are used to copy music, they make too much profit for upper managment to tell them to stop. IIRC they were interviewing someone from Sony.

  20. PARENT IS THE FATHER OF DARL MCBRIDE by Anonymous Coward · · Score: 0

    It's true! Look at his name!

  21. GAK!! -- NE, not NW!! by glenalec · · Score: 1

    Bad enough living in a place with local mountains and winter sun to the south when I grew up with both to the north! Now I've got East and West inverted!

    --
    The man with no surname and a silly hat

    On the universe: It's bunk.
    1. Re:GAK!! -- NE, not NW!! by Anonymous Coward · · Score: 0

      This is why I cary a magnitized needle with me at all times.

  22. EU should have this by NigelJohnstone · · Score: 1

    The EU should have done this, so that Europe can unify their fair use provisions.

    It doesn't seem unreasonable that the EU could declare Format Shifting legal, Backups legal and so on, just as long as you still own the original.

    Its a mess right now, with everyday acts (like ripping CDs to MP3s) being copyright infringements in some countries but not others.

    Why should an everyday act, done by everyone, that has no financial impact on the copyright holder, be illegal? Because the BSA wants it to be?

    They could do some work there.

    1. Re:EU should have this by Anonymous Coward · · Score: 0

      The problem is that judging by the copyright legislation the EU is producing, industry lobbyists vastly outnumber consumer lobbyists in Brussels. We need more awareness...

    2. Re:EU should have this by ttsalo · · Score: 2, Interesting
      Its a mess right now, with everyday acts (like ripping CDs to MP3s) being copyright infringements in some countries but not others.

      Where is it illegal? UK? They don't want to be a part of Europe anyway.

      In Finland you can legally make copies for your own use in any format even if you don't own the original. And crack any copy protection in the process if you need to. (EUCD implementation is still in the works here, like in the most of the EU.)

      --

      --
      If the road to hell is paved with good intentions, where does the road paved with evil intentions lead to?
    3. Re:EU should have this by NigelJohnstone · · Score: 3, Insightful

      "Where is it illegal? UK? They don't want to be a part of Europe anyway"

      Then there's no argument against having it in a unified EU copyright!

    4. Re:EU should have this by ttsalo · · Score: 1
      Then there's no argument against having it in a unified EU copyright!

      Yes there is: I don't think there's much chance of a unified EU copyright making things less restrictive in the current climate... The EU parliament isn't totally in the corporate pocket, but with the content producers in a state of panic, I wouldn't risk it right now.

      --

      --
      If the road to hell is paved with good intentions, where does the road paved with evil intentions lead to?
  23. patents by ahkitj · · Score: 1

    I think if I bring it back in a roundabout way it isn't off topic. I don't think we discussed patents much tonight, but we have the NZ patent watch site up for techie-related patents. Why it's not off topic? A lot of this format shifting stuff is to do with the intellectualy property people use to stop us format shifting.

    (Context for other people: I'm physically at an InternetNZ members' consultation meeting right now in Wellington.)

    --
    Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
  24. "copycat kiosks" by Eythian · · Score: 2, Interesting
    Association chief executive Terence O'Neill-Joyce said it was preparing a submission against the proposal. "It's really about enforcement. How on earth are we going to stop things like copycat kiosks springing up around the country?"

    For a while, these were common, at least in the city I live in. Many of the larger dairies had them. They had the appropriate part of the copyright act printed on them, along with a note that they are not to be used for copyright violation, however they had bigger writing saying things like 'back up your music and data'. They seemed to vanish part way through last year, likely due to a recording industry crack down (or because, in the uni city I'm in, you only need walk 10 meters before you meet someone with a CD-burner)

  25. Woah, sorry Sony by Anonymous Coward · · Score: 2, Insightful
    "At the end of the day, you're sending a message that it's okay to copy, and that is going to kill our business. It's taking away people's rights to earn a living, and that's horrendous."

    Oh my God, I never realised all the harm I was causing by copying tracks from my CDs onto my harddrive. Well, now that I realise, I'll never do it again.

    In what other ways have I been undermining the recording industry? I wonder if it's ok to copy CD tracks onto physical sound waves?

    One thing's for sure, I'm never going to sing along to my favourite songs again. I'm such a good singer, I'm bound to put the recording industry out of business.

    --
    James G.

    1. Re:Woah, sorry Sony by Anonymous Coward · · Score: 0

      "At the end of the day,"

      - yes -

      "...you're sending a message..."

      - yes, and? -

      "...that it's okay to copy,"

      - yes, and? -

      "...and that is going to kill our business."

      - yes, and? -

      "It's taking away people's rights to earn a living,"

      - no, I don't think so. Not unless the copying is being done by politicians who then legislate to say that the Sony employees may never work at any job ever again -

      "...and that's horrendous."

      - no, that's capitalism, obselescence and putting the recording industry under the microscope.

    2. Re:Woah, sorry Sony by Anonymous Coward · · Score: 0

      Very good point. Turning CD signals into electrical signals, nay through a D to A converter, that is format shifting! What if more than one person hears the audio format? Is this not mass duplication? And worst of all, the imprint on our brains of a song.. reciting a Robbie Williams song could be evidence of alternative media storage in my mind!!

  26. That's it. by Anonymous Coward · · Score: 0

    I an my CD collection are headed to NZ. I'll drop in on Rachel Hunter and Kyle Bax... Ok, first I'll convert my CD collection to cash....

  27. What? Walk 10 metres? by ahkitj · · Score: 1

    What? Walk 10 metres? At my local university and and its affiliated college, all I need to do is go to a computer in a lab and use the right software. I could already be logged in to one, bugger the 10 metres.

    (Note: it's against the statutes of the university and probably the college of education to do this. I don't do it myself.)

    --
    Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
    1. Re:What? Walk 10 metres? by Eythian · · Score: 1

      This is true, I'm sitting at a uni computer right now that the department gave me for research purposes, with a good ol' 52x24x52x on it. However, I was thinking more in a 'walk down the street' context.

    2. Re:What? Walk 10 metres? by ahkitj · · Score: 1

      Earlier... ... Many of the larger dairies had them. They had the appropriate part of the copyright act printed on them, along with a note that they are not to be used for copyright violation, however they had bigger writing saying things like 'back up your music and data'. They seemed to vanish part way through last year, likely due to a recording industry crack down ... -- interesting how the notices work for libraries but didn't work for these guys... but I guess if you were able to burn your 'data' to CD-R in the first place, you'd've access to a burner to do a second copy. :)

      Which brings me to my point: of whether those download stations for digitised music I hear some music store chains were thinking of will happen?

      However, I was thinking more in a 'walk down the street' context. -- Ah, Dunedin. I was trying to figure out where you were from, as I remembered the reports but not the place. :)

      --
      Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
    3. Re:What? Walk 10 metres? by Eythian · · Score: 1
      Which brings me to my point: of whether those download stations for digitised music I hear some music store chains were thinking of will happen?

      I wouldn't be too surprised to see them happen in a restricted sense. I mean, if there was a server somewhere that had a huge number of songs, and a legal agreement with the record companies to allow this to happen, I wouldn't be surprised to see them offer a service to music shops where the tracks are downloaded at the users request, it would allow a wider range of samples and less messing with CDs. This said, apparently the labels were against music shop listening posts in the first place, so if they still don't like them they may be unwilling to allow them to go to the next step.

  28. There is another way of looking at it by Anonymous Coward · · Score: 1, Interesting

    There is another way of looking at the situation but noone wants to get shot. Many people(including me) believe there is no given right to own intellect, a thought, or a 'bit'. What makes people who do believe 'intellectual property' any more right then those who don't? The difference is one type is willing to imprison the other over an act that is not violent in any way. Intellectual property is a rationalization to control people by cohersion. cow

    1. Re:There is another way of looking at it by Anonymous Coward · · Score: 0

      Nah, governments have decided that encouraging intellectual works is in our best econonmic and quality-of-life interests, and they're right.

      The problem is that the donkey tells the government what size the should be.

    2. Re:There is another way of looking at it by Anonymous Coward · · Score: 1, Funny

      Right on, sister! "Intellectual Property" is a purely male concept intended to coerce women into delegating their birthrights to the testostocrats. Women were born to care, to share, to nurture, and to create; whereas the male was only born to control and to destroy. So the male-dominated music industry {with its shameful treatment of [especially young and vulnerable] women} would naturally seek to prevent women from exercising their right to make music and share it with other women.

      We should be working to establish a women's musical collective wherein women can share the songs they have written about the struggle against male oppression with other women. We also should be seeking to encourage the use of non-phallic microphones in recording.

    3. Re:There is another way of looking at it by Anonymous Coward · · Score: 0

      Troll

    4. Re:There is another way of looking at it by Anonymous Coward · · Score: 0

      And I bet you wear Birkenstocks and listen to the Indigo Girls, too.

  29. About time by Nevrar · · Score: 1

    It's nice to see the NZ govt making some sensible laws for a change :)

    We/NZ have excellent consumer rights laws and this is a nice polishing touch :)

    Now if only they hadn't giving in to the movie industry and stopped parallel importing of DVDs (GRRRR)

    --
    Nevrar
    1. Re:About time by The+Cookie+Monster · · Score: 2, Informative

      Are you sure about this?

      You're not allowed to import the DVD of a film that is still playing in cinemas or yet to come out, but I reckon that's fair enough - especially given that we get unzoned DVD players.

      Go to the right place and you can get the brand new Rammstein DVD for cheaper than a CD costs (just one example), if there's a parallel importing restriction then it doesn't seem to be inflating prices too much.

  30. You call that progress? by Anonymous Coward · · Score: 0

    For a while the US Government OWNED a brothel in Nevada. That's right, in capitalist America you pay the government to fuck you, "happy ending" offer only available in Nevada.

  31. Well, the industry in pain , right ? by S3D · · Score: 1
    The music industry says a government proposal legalising some CD piracy will kill its business.
    May be it's time for industry to be put out of misery and mecifully killed....
    1. Re:Well, the industry in pain , right ? by Anonymous Coward · · Score: 0

      Heh, one could even be fooled into believing Sony was speaking for the New Zealand music industry.

    2. Re:Well, the industry in pain , right ? by Bambi+Dee · · Score: 1

      "Legalising some CD piracy". Wah. Just yesterday, I stole myself a bottle of wine and some yoghurt by not consuming them out of the backpack I brought them home from the shop in. I hope the food industry won't mind.

  32. Copyright violation is a civil offense by dave420 · · Score: 4, Insightful
    "providing your original is the genuine article you're not a criminal"

    Even if your original was copied from a mate, you'd still not be a criminal unless you were profiteering off the copying. Copyright infringement is a civil offense, not criminal in all but a handful of cases. As soon as people realise that copying music isn't a crime but an offense, they'll see that this whole thing has been pulled out of RIAA's ass and promptly blown out of all proportion to help their flagging bank balance.

    1. Re:Copyright violation is a civil offense by flabbergast · · Score: 1

      I don't mean to nit pick but we're not talking about the Recording Industry Association of America . I realize we love vilifying them and for good reason too, but let's not blame them for the RIANZ's whining.

    2. Re:Copyright violation is a civil offense by awol · · Score: 1

      Copyright infringement is a civil offense, not criminal in all but a handful of cases

      And this is one of the most disturbing trends that I see in the West at the moment. The (re)criminalisation of civil wrongs. It has been a long time since we abolished imprisonment for debt, but it seems that we are now accepting imprisonment for copyright infringement (where infringement means performing a copy that results in no financial loss to the copyright holder). This will lead (has led) us into a very dark place

      --
      "The first thing to do when you find yourself in a hole is stop digging."
    3. Re:Copyright violation is a civil offense by dave420 · · Score: 1
      I'm well aware of the geographical differences (I didn't go to school in the US :-P)

      The RIAA, however, has long enjoyed using improper, emotive language when they can. Piracy and criminals are the two biggies. That was all I was referring to :)

  33. Imagine by grouse · · Score: 1

    a Beowulf cluster of those! Highly tuned Kiwi performance!

  34. Gifting / Reselling by fozzmeister · · Score: 1

    already makes it clear that gifting or reselling items includes a transfer all of rights, including copyright, warantee, and licencing agreements, so providing your original is the genuine article you're not a criminal.

    Does this mean that its normal for CD's as gifts to be illegal in different countries?

    1. Re:Gifting / Reselling by gordguide · · Score: 1

      " ... Does this mean that its normal for CD's as gifts to be illegal in different countries? ..."

      No, it's not illegal to give a CD away anywhere.

      What the quote referred to is the rights move with the CD. So, if you copy a CD and then sell or give the original away, you should either destroy the copy or include it with the transfer. To retain it without the original disk would be a violation of copyright law in NZ under the proposed law.

    2. Re:Gifting / Reselling by Anonymous Coward · · Score: 0

      So it's illegal to keep a copy, fine.

      Now is it "illegal" in the sense that it's illegal to drive 101 km/h in a 100 km/h zone?

      Or is it "illegal" in the sense that it's illegal to kidnap an 8 year old boy and force him to perform sex acts for the camera?

      Or is it "illegal" in the sense that it's illegal to operate a crystal meth lab?

      Or is it "illegal" in the sense that it's illegal to skateboard on the sidewalk?

      Or is it "illegal" in the sense that it's illegal to put steel cans in the plastic recycling bin?

      All these things are "illegal" where I live. But that doesn't mean the same thing in any of the cases.

  35. Going away to {college|university} by adamofgreyskull · · Score: 2, Insightful

    Don't know about anyone else, but I find it a metric shit-load easier to bring my computer to university -complete with CDs ripped to .mp3 & .ogg on my hard drive- than 200+ CDs.

    The execs are just little chicken littles, crying that the sky is falling in, just like they did when taping music off the radio was about to kill the record industry...remember?

    1. Re:Going away to {college|university} by RESPAWN · · Score: 1

      Don't know about anyone else, but I find it a metric shit-load easier to bring my computer to university -complete with CDs ripped to .mp3 & .ogg on my hard drive- than 200+ CDs.

      I did exactly this same thing my junior year of college. I got really tired of having to pick and choose which CDs I wanted to take to university and which ones I wanted to leave at home, only to decide one day that I wish I had CD X at school becuase I really wanted to listen to track Y. (On a side note, when that happened, I usually just fired up a P2P app to just download song Y.) So, my junior year I bought a new hard drive and every time I went home I swapped the already ripped CDs for ones I hadn't ripped yet.

      By my senior year, the only CDs I had with me were the ones that were left in the car when I drove down and the ones that I bought while away at school. And if I wanted to listen to CD X in the car, no problem. Just burn a copy, listen to it, and then toss it in the back seat when I got tired of it -- blank CDs are so cheap that they're virtually disposable anyway. I also avoided unnecessary wear and tear on my original CDs this way, insuring that they would always play well in my living room CD player. This method also has the added benefit in that I can now listen to my entire collection from any PC in my apartment, and I can also create several thousand song, shuffled playlists for those times when I want to listen to music from a certain genre, but not to any band in particular.

      The only problem that I have now is that my music collection has reached a critical mass where it's no longer feasible to rip all my CDs should I lose my hard drive, but it's also not feasible to back up my collection to traditional recordable media. So, I either need a tape backup drive, or I need to devise a solution to back up my collection onto my linux box. Any suggestions?

      --

      If Murphy's Law can go wrong, it will.

    2. Re:Going away to {college|university} by cayenne8 · · Score: 1
      "The only problem that I have now is that my music collection has reached a critical mass where it's no longer feasible to rip all my CDs should I lose my hard drive, but it's also not feasible to back up my collection to traditional recordable media. "

      Well, and easy and cheap solution...buy more large harddrives. From you post..it sounds like you just have one HD on your system? If so, just get a large HD, and either mirror the main one...or just do backups to that drive of you mp3's.

      HD's are getting cheap..saw a 200G one the other day for just over $100 US the other day with rebates...

      Or, if I mis-read you, and you are loaded on drives on that box...you can do what I'm going to do. I'm getting another box together...slower processor, etc, so as to be pretty cheap...and put together a file server/backup store. My whole house is wired and wireless...and I plan to back up my DVD's and CD's I have on my media box in the living room to my storage box. With 250G drives coming down in price...throw 4 of them in an inexpensive box...and have cronjobs run to back up damned near everything in my house with a TB of storage..or a bit less if I mirror or RAID it....

      HTH,

      cayenne8

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    3. Re:Going away to {college|university} by WuphonsReach · · Score: 1

      The only problem that I have now is that my music collection has reached a critical mass where it's no longer feasible to rip all my CDs should I lose my hard drive, but it's also not feasible to back up my collection to traditional recordable media. So, I either need a tape backup drive, or I need to devise a solution to back up my collection onto my linux box. Any suggestions?

      External USB/firewire enclosure ($30) + cheap IDE drive ($100) + mirroring software (e.g. Second Copy 2000, $25 or so).

      Bonus points if you get software that also keeps copies of deleted files, and multiple revisions of changed files (ala Second Copy 2000).

      --
      Wolde you bothe eate your cake, and have your cake?
    4. Re:Going away to {college|university} by RESPAWN · · Score: 1

      Unfortuantely, I am full up in the computer that my mp3 collection resides. The thing's got 3 hard drives, the requisite 2 optical drives, and the still (barely) sometimes useful floppy drive. There aren't any more bays in the case to install.

      That's why I was thinking about backing it up to my linux box. The biggest problem I'm having is that I haven't had a box with Linux on it in a while so I'm having to go through the Linux learning curve again. I'm guessing the best way to do it would be to just smbmount the mp3 drive and then copy the files over. I just need to find a utility that will automatically back up the changes. Or maybe I could devise a homegrown shell script to compare the two drives and then copy the differences... Run ls recursively through the directories, diff the results, then copy what's new maybe? And then set it as a cron job? It shouldn't be hard actually the more I think about it, but like I said, I haven't actively worked in Linux in a while and my skills are rusty. (Welcome to the world of a Windows sysadmin...)

      The only other issue I have with that solution is that the TV tuner on my AIW 8500 doesn't appear to be supported in linux (or is it?), and so I still boot back to windows to watch/record TV somewhat frequently.

      --

      If Murphy's Law can go wrong, it will.

    5. Re:Going away to {college|university} by yuri+benjamin · · Score: 1

      You could buy a bigger case with more drive bays, and an IDE HDD caddy system. These consist of caddies that hold a normal 'internal' 3.5" HDD which fit into a special slot installed in a 5.25" drive bay. You can buy a spare caddy each time you buy a new IDE hard drive. If your data is very valuable to you, I would suggest buying two spare drives and caddies, making two backups and storing one at a friends'/parents'/relatives' house.

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
  36. From the art. by chris_sawtell · · Score: 4, Interesting
    "It's really about enforcement. How on earth are we going to stop things like copycat kiosks springing up around the country?"
    You're not. You are going to allow the production of recordable cds and either charge as if a wounded bull for the originals -- in effect the sheet music industry does this -- or you are going to set up licenced "copycat kiosks" where your customers can create music selections of their choice. If I was a recording industry executive I'd be jumping for joy because I no longer have to carry any manufacturing production costs whatsoever.

    Your music retailer is now no longer a spacious shop with hundreds of boxes on shelves, but a small boutique establishment with a licence to copy, a fast Internet connection, a computer, and a bank of CD writers. All legal and above board. What's your problem? Providing a useful service perhaps?

    1. Re:From the art. by Anonymous Coward · · Score: 0

      > If I was a recording industry executive I'd be
      >jumping for joy because I no longer have to
      >carry any manufacturing production costs
      >whatsoever.

      Privately, you would be, as they are doing now.

      The record companies LOVE that Kazaa and the like gives an automatic distribution channel for their media! They just hate that they can't get any demographic information from it, or sell advertising, etc.

      But privately they have to keep up the act, or else they will hurt the strategy of changing laws and public perception.

      What they're really afraid of is that people will go back to making their own music, instead of buying what's packaged.

      Just like a bakery will sell you baked goods but won't sell you dough or flour. (/me wonders how many people still use an old-school bakery, or who realize how cheap it is to make bread?)

    2. Re:From the art. by nathanh · · Score: 1
      Your music retailer is now no longer a spacious shop with hundreds of boxes on shelves, but a small boutique establishment with a licence to copy, a fast Internet connection, a computer, and a bank of CD writers. All legal and above board. What's your problem? Providing a useful service perhaps?

      It could be even better than that. Imagine this scenario:

      Motorist: I'd like a big mac and a small fries, thanks.

      Checkout: That will be $5.95. For 50c extra I can wire the latest Froobnitz album to your car's stereo.

      Motorist: Sure, why not.

      Checkout: Ok, $6.45 has been deducted from your car's e-card. Please drive to the next window.

      We have the technology to do this right now. We have e-cards to pay those automatic toll booths. We have wireless communications. We have MP3 players in car stereos. The music industry could give us what we want, right now. Music. On demand. For a reasonable price.

      [rhetorical]
      But why would they give us what we want when they can just extort us $29.95 for 8 songs on a 20-year old physical format.
      [/rhetorical]

      I can think of dozens of modern scenarios for transferring music. Walk up to an e-Music booth (like those interactive booths in shopping malls) and plug your iPod into the firewire jack. Push $1 into the coin slot. Get an album of your choice. Effectively a vending machine for music. They could stick 1TB storage in the machine and have a gigantic catalogue. No need to restock. Just empty the money out once a day and keep it powered. Stick these in shopping malls and they would rake in millions per year per booth.

      The problem is they have no incentive to do this. They know we have to come to them; they've got a monopoly on the artists we want to hear. They could put the music on wax phonographs and charge $100 and we'd still pay for it. They've got us by the short and curlies and they know it.

  37. Correct me if I'm wrong but.... by jimicus · · Score: 5, Interesting
    does this new law include a provision making it illegal for the recording industry to produce "copy protected" CDs?

    Because if not I envision the situation becoming "you're legally entitled to copy it but good luck trying!".

    1. Re:Correct me if I'm wrong but.... by tunah · · Score: 1

      How about "you're legally entitled to make your discs unplayable while keeping them playable, but good luck trying!"?

      --
      Free Java games for your phone: Tontie, Sokoban
    2. Re:Correct me if I'm wrong but.... by jimicus · · Score: 2, Insightful
      Not quite sure I follow you but my point was somewhat theoretical.

      The point being, if the record industry successfully produces 100% un-crackable (at least to normal consumers) copy protection which still plays on 100% of CD players, would such a CD be illegal in NZ?

      Because unless it is, all this law will prevent is the record industry suing people who make copies for personal use. It won't make it physically possible to make such copies in the first place.

    3. Re:Correct me if I'm wrong but.... by JaredOfEuropa · · Score: 1
      does this new law include a provision making it illegal for the recording industry to produce "copy protected" CDs?
      No it doesn't, although it should. I'd like to see a law which makes 'fair use rights' into something to which we are entitled, and which the media producers shall not impede.

      In the meantime, being allowed to do this is a small step forward. You're allowed to make a copy if you can... let's just hope they won't slap you with charges of cracking codes, DMCA, and other assorted laws.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    4. Re:Correct me if I'm wrong but.... by ajs318 · · Score: 1

      Nature already passed a law against anyone copy-protecting CDs or any form of storage media, unless they are also playback-protected. Why should the New Zealand government bother?

      --
      Je fume. Tu fumes. Nous fûmes!
    5. Re:Correct me if I'm wrong but.... by Rocinante · · Score: 1

      The point being, if the record industry successfully produces 100% un-crackable (at least to normal consumers) copy protection which still plays on 100% of CD players...

      And the point is that this is not possible. In the absence of a DMCA-type law or ubiquitous TCPA-crippled hardware, this sort of usage-control crap is just a race that the media cartel can't win.

      --
      Just trying to open someone's head! I mean "mind!" Open someone's mind, um, to the possibilities! With explosives!
  38. Strange, they seem a little late with this law... by iwein · · Score: 3, Interesting
    The change would make it legal for someone who owns a legitimately obtained CD to make one copy for their own private use. Under the widely flouted current law, all copying, even that for personal listening, is banned.

    Hmmm, i thought it was quite normal to have the right to make a copy for personal use. Oh well, maybe it's just that i'm not a US citizen..
    look here and mind this quote: (...) CD-Rs were not seen as a media intended for copying music.

    --
    Show a man some news, distract him for an hour. Show a man some mod points, distract him for the rest of his life.
  39. I would like Sony NZ to Explain by Blue_Wombat · · Score: 5, Insightful
    Sony NZ should be asked to explain this quote from the article: "Sony NZ managing director Michael Glading said he was totally opposed to the move, which he believed would 'open the floodgates' to unrestricted piracy."

    Sony NZ sells Minidisc recorders with software to rip CDs. Also, the NZ Sony Style shop (corner of Lambton Quay and Willis Street for any interested Kiwis) last week (it may still be there this week, have not looked) had a *huge* window display exhibiting their new hard drive jukebox product. This included photos of all the stacks of CDs you could do away with by copying them to said jukebox.

    Furthermore, given that the NZ recording industry association clearly opposes this, and considers it illegal and "theft" at present, will they explain why they don't: (1) expel Sony NZ (which is a member); and (2) seek criminal prosecution of Sony executives. After all, Sony is selling the tools that permit the "theft" from their members, and blatantly advertising this capability as the main reason to purchase

    It is a bit rich for Sony to sell products and then lobby for it to be illegal for the hapless consumer to use the products Sony has sold them.

    Now the obligatory:

    1. Sell overpriced product to consumers

    2. Profit

    3. Lobby to keep using what you have just sold illegal

    4. Prosecute your customers for buying from you

    5. More profit

    A business strategy to make the RIANZ and RIAA proud.

    1. Re:I would like Sony NZ to Explain by trendyhendy · · Score: 1

      I have just written a letter to the Editor of the newspaper, pointing this out. Hopefully I will get a reply; it would be interesting.

    2. Re:I would like Sony NZ to Explain by ffrinch · · Score: 1

      Sony is composed of various different divisions, and there's some infighting between them. Sony Music isn't happy with the hardware side of the company making devices that allow (promote?) piracy, but there's nothing they can do about it because the business is too lucrative.

  40. Is this just for audio or for all media? by jonwil · · Score: 4, Insightful

    Making it for all media would mean that time-shifting TV programs would be ok, copying a DVD to as "media center" and watching it would be ok, copying a game to the hard disk and playing it would be ok etc. i.e., as long as only one copy is in use at once, you can have multiple physical copies.

  41. Selling the same thing over and over again is good by GreatDrok · · Score: 5, Insightful

    For the producers of the media.

    Look at the windfall that occured when CD came in, large amounts of profit made from people buying the same material again on the new format. Now that it is in digital format, how is the industry going to repeat that windfall now that everyone has bought pretty much every CD they are ever likely to need and the current music production is ghastly. I for one know that the 2.7K tracks I have on my iPod is quite frankly enough. If people are able to copy this material for their own use then you can have backups.

    Strictly speaking when you buy a CD you are buying a license to the material, not he delivery media. By preventing people from being able to copy the material they have a license to onto a fresh media platform the record companies are trying to preserve the cash flow generated by selling people multiple licenses to the same thing which is frankly, money for old rope!

    Incidentally, a similar thing has happened with TV, certainly in the UK anyway. Here if you get Sky (Murdoch's digital sat system) you get a single box and a single card. If you want to record one channel and watch another you need two boxes and two subscriptions, paying twice for the same thing. This also strikes me as quite unfair.

    --
    "I have the attention span of a strobe lit goldfish, please get to the point quickly!"
  42. Never Forget, You Spineless Liberal... by Anonymous Coward · · Score: 0

    ...the words of the Great George W. Bush, President of the United States of America:

    "We must speak the truth about terror. Let us never tolerate outrageous conspiracy theories concerning the attacks of 11 September - malicious lies that attempt to shift the blame away from the terrorists themselves, away from the guilty."

  43. The wave of the future? by achurch · · Score: 1

    These laws reflect the people's view, not some corporation's greed.

    You guys could do a great business exporting your government--you've got 6 billion potential customers waiting with bated breath.

  44. What if my CDs have been stolen? by Anonymous Coward · · Score: 0

    Assuming I can prove that I purchased them and haven't re-sold them (however I might do that)

    Would I have the right to download a new copy from Kazaa - or for that matter burn a copy from my friend's identical cds?

    1. Re:What if my CDs have been stolen? by Oshkoshjohn · · Score: 1

      The chain of ownership begins with the purchase of a legitimate copy. If you are not starting your posession with a legitimate copy, you have NO rights.

      --
      Goddamned kids! Get off my lawn!
    2. Re:What if my CDs have been stolen? by Shurhaian · · Score: 1

      Contrariwise, if someone takes your CDs without your permission, they haven't gained the rights to them because YOU still have them.

      The sibling post by someone actually from NZ probably has more details, but the short version is, it's not a transfer of legal rights if the property itself was illegally transferred.

      --
      NB: YMMV. IANAL. Take the above with a grain of salt.
    3. Re:What if my CDs have been stolen? by Shurhaian · · Score: 1

      Gah. That's supposed to be "more relevance," not "more details".

      --
      NB: YMMV. IANAL. Take the above with a grain of salt.
  45. Awesome! by SageLikeFool · · Score: 1

    Cool! When is the next bus to New Zealand?

    1. Re:Awesome! by trendyhendy · · Score: 1

      Don't forget to wear your raincoat: you will get wet.

  46. And on a side note... by Thaidog · · Score: 0, Flamebait

    ..there are 22 sheep per person in New Zealand and not a damn one of them cares if it's fair use or not.

    --

    ||| I still can't believe Parkay's not butter.

    1. Re:And on a side note... by trendyhendy · · Score: 3, Funny

      Fair use of a sheep, hmmm...
      Can I let my friend borrow my sheep? Yes.
      Can I make a copy of my sheep for my friend? Yes, but not legally.

      Reminds me of the joke:
      Aussie: "Do you shear you sheep over in NZ?"
      Kiwi: "No, get your own damn sheep!"

      Disclaimer: Yes, I am a NZer.

    2. Re:And on a side note... by Thaidog · · Score: 1

      I think the answer is to clone the sheep personally. That way you have control over what sheep quality your friend gets. And no sexual abuse of the sheep even though it gets damn cold on the south island...

      --

      ||| I still can't believe Parkay's not butter.

    3. Re:And on a side note... by Anonymous Coward · · Score: 0

      Do androids dream of electric sheep... do electric sheep have ipods?

    4. Re:And on a side note... by Thaidog · · Score: 1
      The answer is no.. the use the gateway equiv... since they are indeed livestock also.


      btw how the fuck is this flaimbait? christ mod yourself as too serious!

      --

      ||| I still can't believe Parkay's not butter.

  47. Tuned Hummingbirds by Hoonis · · Score: 4, Funny

    I suppose overclocking them is out of the question.

    1. Re:Tuned Hummingbirds by Anonymous Coward · · Score: 0

      you can do, but it changes the frequency, so they need re-tuning..

  48. Re:Strange, they seem a little late with this law. by ahkitj · · Score: 1
    Hmmm, i thought it was quite normal to have the right to make a copy for personal use.
    Alas, iwein, not in New Zealand. Damn.

    CD-Rs were not seen as a media intended for copying music.
    This was the bit troubling me with P2P file sharing technology. There's other uses for the technology. Likewise with CD-Rs, I use them mostly for backing up my precious (yes, my preeeeeciousss!) homework and hard-earned digital photographs which seem to take up a lot of room. Like I said earlier, it's like banning photocopiers because the 'non-extreme' and 'non-fringe' students photocopy a few pages too many. IMHO, YMMV, etc. The CD-R solution sounds nice as a solution, but it'd annoy me that I'd be paying for a copyright levy for backup activities. :(
    --
    Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
  49. Branches? by Walkiry · · Score: 3, Funny

    You mean tentacles, right?

    --
    ---- Take the Space Quiz!
    1. Re:Branches? by ahkitj · · Score: 1
      I suppose you were asking a rhetorical question but I couldn't help replying. :)

      You mean tentacles, right?
      I guess. :) Though on reflection saying Mafia(TM) to describe their double standards/talk sounds just as amusing. At least though I see the local 'Sony Style' shop in Wellington doesn't stock their associated record label's CDs. (Disclaimer: I didn't look too hard through their window, and it wouldn't surprise me if they had a small stock, actually.)
      --
      Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
  50. insurance by ahkitj · · Score: 2, Interesting
    What if my CDs have been stolen? Assuming I can prove that I purchased them and haven't re-sold them (however I might do that)
    I'd imagine it'd be a trip to the insurance company to claim on your contents insurance. If the excess and or no claims bonus weren't too hefty. :( Damn.
    --
    Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
    1. Re:insurance by Anonymous Coward · · Score: 0

      That's a great practical answer for those that ( have/can be bothered to claim on) insurance.

      Not all losses are covered by insurance though (who hasn't had a few CDs stolen at a party or nicked from a car/bag and not claimed?)

      I'm interested in what the law would say. Did I buy the physical CD or the right to listen to the music?

      Can I defend my Kazaa downloads if I can convince people that I have paid for the music?

    2. Re:insurance by Anonymous Coward · · Score: 0

      >Not all losses are covered by insurance though

      Along with pretty much everything else I owned, I had 30 years of record collecting go up in smoke.
      That was about 4,000 vinyl LP's crossing every genre you can name, close to 1,000 45's, a fair rack of 78's (including an extremely valuable Elvis 78!), lots of open-reel tapes, cassette tapes, you name it. Also by 1996 I had quite a decent collection of CD's going. That all burned up together with a nearly complete collection of Marvel Comics titles from about 1971 through 1978 (my dad ran magazine publishing and distribution businesses, easy come easy go, what can I say?).

      The insurance company gave me about $1200.00 for the lot. There was more money in the settlement, but that was supposed to cover replacement cost on a lifetime of record collecting.

      I don't think too much about where the music I listen to comes from today. I know it's not the record company's problem, but I just don't really give a fuck anymore. I still know numbers, who played with whom, when, on what label, when it was reissued, and where it was on my shelves...

  51. No chance with the current government by caitsith01 · · Score: 1

    They are too deeply in the pocket of big business and our 'most important ally' to do anything like protect the rights of their own citizens.

    If the govt. won't act to rescue its own citizens from a cage in Guantanamo Bay where they are being held and tortured illegally in contravention of all international law precedent, we can't really expect them to care about our right to use things we legally own in ways we see fit, can we?

    Additionally, there is a push by big business in Australia for the 'harmonisation' of our IP laws with the US of A, so you can forget about anything sane like these NZ laws ever happening.

    --
    Read Pynchon.
    1. Re:No chance with the current government by TerminalInsanity · · Score: 0

      i wonder if the riaa will use that 12 year old's money to pay off the nz government so its not passed

    2. Re:No chance with the current government by cartzworth · · Score: 1

      Nice Ben Franklin quote. Tortured illegally? Come on. Mind you, war was never declared over in Iraq to make legal the detainment of enemy combatants by international law.

  52. Problem with copyright law. by Thinkit4 · · Score: 2, Insightful

    "For the purposes of this Act, the author of a work is the person who creates it." Nobody can create information. You can only discover it.

    --
    -I am an elective eunuch.
    1. Re:Problem with copyright law. by pjt33 · · Score: 3, Insightful

      Copyright protects the expression of an idea.

  53. drug habit analogy by ahkitj · · Score: 1
    I remember hearing on triple js' morning show (which has since morphed into Hack, that although the record label arm of the company doesn't like the electronics arm selling products that are used to copy music, they make too much profit for upper managment to tell them to stop. IIRC they were interviewing someone from Sony.
    Analogy: you're thinking that now they've sampled the drug of double talk, they're addicted to it, at risk of their morals?

    Maybe someone needs to sell them a new soul. ;)
    --
    Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
  54. Region 4 by pommiekiwifruit · · Score: 1

    So why are all NZ TV programs coded in Region 4 then? Is that just so that no-one outside the country is allowed to watch the Topp Twins? It seems crazy that TVNZ encodes its documentaries like that just to prevent people in Europe or the USA buying them and watching them.

    1. Re:Region 4 by hplasm · · Score: 1

      It's because they contain inflammatory ideas such as fair-use recording, and people watching region encoded DVDs on their legally region-free players, and soforth. Just imagine the anarchy and outrage that would ensue if non-Kiwis saw such scandalous behaviour was possible!! Someone is obviously thinking of the (non-NZ)children!

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
  55. Trans-tasman harmonization by Faithman2k · · Score: 1

    ... that is what the NZ and Australian governments called it when they brought the Pharmacy Acts and Poisons Regulations into line with each other. So the laws governing pharmaceutical are now almost the same. I believe that it is also possible with Copyright. Especially since trans-tasman trade is becoming more and more important (it would only help Australia on the world stage... NZ is already being used for outsourcing)... why alienate a trading partner?

  56. What's wrong with baby steps?; Alienating buyers by ahkitj · · Score: 1
    From the Dominion Post article:
    He said the proposal was inconsistent. "They're not saying it's okay to copy Lord of the Rings from one DVD to another, but it's okay to copy Brooke Fraser from one CD to another. It's farcical."
    So, what this Sony executive is trying to say is because the law being thought of wants to take one baby step at a time, that's a wrong? So what if we were to (assuming he were correct) legalise CD format shifting now, and do DVD format shifting later?

    Also, the title of the article, 'Industry warns of legal CD piracy', seems a bit misleading. This so called 'piracy' they've been talking about has gone on for years. Why should I be a criminal for taking a vague interpretation of the vague fair use provisions in the Copyright Act 1994 for not wanting to put in my CDs into my computer every single time? (Maybe they want me to buy an oversized laptop with a 3- or 5-disc CD-RW changer ;) and charge me $5 billion or so...) They force me to put in CDs one by one every time (hard to shuffle over multiple CDs with just a one-disc player, too) and they're soon going to alienate me through the sheer inconvenience of that... let alone lugging around my CDs. Come on, keep your customers happy!

    Another alientation I recall is the last Jewel album I checked out required me to install software just to play that particular CD. Ugh.
    --
    Jonathan Ah Kit - Lower Hutt, New Zealand - jonathan@metalab.unc.edu
  57. Who said idea? by Thinkit4 · · Score: 1

    I said information. Besides, an idea, in all its forms (expressions), can be independently discovered.

    --
    -I am an elective eunuch.
  58. PARENT IS TROLL by Anonymous Coward · · Score: 0

    "click my links! I can't even spell suit! have pity!"

  59. Re:Selling the same thing over and over again is g by Alsee · · Score: 2, Informative

    strictly speaking when you buy a CD you are buying a license to the material

    False. To avoid redundancy, see this post.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  60. My message to Michael Glading by darkpurpleblob · · Score: 4, Informative

    Hi Michael,

    I have just read the article at http://www.stuff.co.nz/stuff/0,2106,2852764a11,00. html. You say you are totally opposed to the move, because you believe it would "open the floodgates" to unrestricted piracy.

    As a software developer I spend a lot of time in front of a computer at both home and work. I like to listen to music when I am using computers. Under the current law (which is what you support, given that you are totally opposed to the move), I can only legally play copyrighted music from CDs in CD-ROM drives on my computers (and don't even get me started on copy-controlled CDs). During the course of a workday, this means interrupting my workflow up to 10 times to switch CDs. Of course, if I decide I'm sick of a CD before it is finished it means another switch. Clearly switching CDs quickly gets annoying. It also proves very annoying to transport CDs I want to listen to between work and home each day.

    In fact (as I am sure you are aware), Sony itself currently sells Minidisc recorders which currently allow music to be copied illegally under the current law. Given your position, I hope you are overseeing the removal of these useless recorders (as it is illegal for people to use them to copy music) from sale in New Zealand.

    However, if the law changes to allow fair personal use, my life suddenly becomes easier because I can make a copy of my music in a digital format which makes it much easier to transport and switch between listening to different music.

    Your viewpoint is analagous to saying no-one should be able to drive cars because some people speed and cause accidents in which people die. However, in real life, people are allowed to drive cars. Why? Because cars make our lives easier. The speeding problem is dealt with through driver education, and dealing punishment to those who do speed as a discouragement to them and others. Similarly the music sharing problem is dealt with by consumer education, and dealing punishment to those who do share music as a discouragement to them and others.

    Without education and punishment, the current law would be effectively 'powerless' to discourage people from sharing copyrighted music. Under the proposed changes, it still will be illegal to share copyrighted music. Provided there is still continued education and punishment, I can't see any reason why the proposed law change will result in increased music sharing activity.

    By opposing the move, you are only denying otherwise law abiding consumers the opportunity to use technology to make their lives easier.


    Simon

  61. I won't be going back to NZ... by baker_tony · · Score: 0
    ...until they sort out their broadband issues. NZ needs more competition.

    128k is "broadband" (256k if you are lucky) in NZ, with capped amounts for international traffic (NZ$80 per month for uncapped)!

    http://www.ihug.co.nz/products/jetstream/index.h tml#128

    http://www.telecom.co.nz/chm/0,5123,203071-20247 0,00.html

    I went back for a holiday a few weeks ago, first time I've heard a modem since last time I went back!

    No way I can ever go back to modems I'm afraid.

    1. Re:I won't be going back to NZ... by Anonymous Coward · · Score: 0

      Things have changed slightly, but Telecom is still a near-monopoly in Auckland.

      Wellington, Christchurch and Dunedin have 2-Mbit cable available. Wellington even has a high speed fiber network for anyone living in the CBD (and Wellington is such a hovel, most places are already in it).

      The ADSL plans (the ones bestowed upon us by the monopoly), go like this:

      128k/128k capped at 10GB, penalties for exceeding this vary with your ISP. Mine charges 15c (!!!) per MB.
      256k/128k capped at 10GB, but if you go over you merely get reduced to 64k for the rest of the month - no additional charges.
      Max speed your line can handle, but capped at a ridiculous 1GB, with 20c per MB above that.

      Frankly, ADSL is a complete wash right now. The 256k option is about the only realistic one, and that has only just become available (I know it's not out of the goodness of Telecom's heart - they know we Aucklanders don't have any choice, and they like it that way). I think Microsoft 'encouraged' them to proved a 256k option so they could promote XBox-live.

  62. Still doesn't cut the mustard... by darkpurpleblob · · Score: 2, Interesting

    From the article:

    The change would make it legal for someone who owns a legitimately obtained CD to make one copy for their own private use.

    So under the proposed changes, it would still be illegal for me to have more than one digital copy of a CD I own i.e. one on a work computer and one on a home computer (correct me if I am wrong - IANAL)

  63. Free from License? by Mr+Pippin · · Score: 2, Interesting

    So, would this mean that in New Zealand, I can make a Linux application that converts Windows Media Player format to another format (Ogg Vorbis) without paying any license fees to Microsoft (and it's all legal).That is what this implies to me.

    1. Re:Free from License? by Star_Gazer · · Score: 1

      Nope, it means that the recording industry can't sue you but Microsoft can for unallowed use of their (patented?) proprietary codecs. But if you write it for your own personal use and do not distribute it, I guess even MS can't do anything to you.

      That situation alone is bad enough - no one should have the right to hold patents over data formats - everyone should be forced to keep them open and documented, so that I have the chance to read and convert my data in whatever format I want.

  64. Good sense is hard to find, but easily identified! by Oshkoshjohn · · Score: 1

    This proposal is short, clear, and simple. It is depressing to have to opine that the US legislative bodies are so well-oiled by the RIAA that this will not come to pass in the United States!

    --
    Goddamned kids! Get off my lawn!
  65. DL music is not a Copyright violation (...in Can) by Paul32_829 · · Score: 1

    "The Copyright Board of Canada stated that the country's copyright law does allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorized or noninfringing version..."

    Interpretation of the "Fair-use" clause in Canada allows people to download copyrighted music from P2P but not to share.

    Copyright Board Decision...

  66. Nothing to lose by NigelJohnstone · · Score: 1

    "I wouldn't risk it right now."

    Now's the perfect time, there's no valid argument against fair use, the lobbyist strategy seems to be "lets not talk about it" all the while strengthening copyright to make the grey area look blacker.

    We have nothing to lose, since they can't make an everyday thing illegal, its an argument we can't lose.

  67. Price increase? by Anonymous Coward · · Score: 0

    "The Recording Industry Association believes up to 10 million CDs are pirated annually in New Zealand, costing the industry tens of millions of dollars each year. "

    So now each CD costs more than a million dollars each? Is that a heck of a price increase - or just a really bad current exchange rate? :)

    1. Re:Price increase? by Anonymous Coward · · Score: 1, Informative

      -1, Unable to perform simple math

      10 million CD's = tens of millions (let's say 50 million) dollars ->
      1 CD = 5 dollars

  68. Bill Of No Rights by Steve+B · · Score: 2, Insightful
    It's taking away people's rights to earn a living

    There is no such right. If there were, I could do any old thing that I cared to define as "work" and demand that somebody pay me to do it.

    --
    /. If the government wants us to respect the law, it should set a better example.
  69. So what? by pjt33 · · Score: 1
    You were complaining about the sentence
    "For the purposes of this Act, the author of a work is the person who creates it."
    on the grounds that no-one creates information. My point, which I admit I could have expressed better, is that the "work" is not merely the information or idea. Consider a straightforward newspaper article - reporting on an item of news rather than an opinion piece, with no analysis. The information which the journalist discovered has been expressed in idiom appropriate to the readers of the paper, the facts have been arranged, and the result is a work protected by copyright legislation. The journalist (or, more realistically, his paper) can't sue another journalist who publishes an article containing the same information, but can sue another journalist who copies the article rather than write their own.

    Your point about independent discovery is also irrelevant. If two people should happen to create identical works independently, they are each the author of the work they produced, and each can license it as they choose. Either is at liberty to sue the other for copyright infringement, but to win their case they have to persuade the jury both that they wrote the article and that the defendant copied it from them rather than producing it independently.

  70. So why hasn't Canada or the USA imploded yet? by CKW · · Score: 2, Insightful


    The story says "allow one copy" of a recording you already own.

    We already have this right in Canada. I think most Americans take it as a God given right.

    Can someone compare the NZ recording industry gross proceeds vs Canada/USA (maybe normalize for population)?

    Can someone compare the NZ-RIA "claims" of copyright violations per year vs the R/C-RIA "claims" of copyright violations per year (and normalize for population)?

    Their claims are just idiotic. Reminds me of the kind of utter illogic and delusion you get from listening to Iraqi Tribesmen and Mullah's (no offense, but really!) If only we could get the XX-RIA orgs and Labels to listen to themselves:

    "OMG OMG OMG OMG if people can listen to their CDs through non CD-players, THE FUCKING SKY WILL FALL AND ALL OUR BASE WILL BELONG TO THEM"

    Hee hee, yeah, that's right, keep screwing around with "the laws" and focusing on "p2p" as the great evil enemy instead of focusing on delivering PRODUCTS that people CARE ABOUT or WANT (other than teeny boppers I mean).

    According to our relentless pace of technological progress, in 10-15 years I'll be able to walk over to my friends place with something in the palm of my hand, and give him a copy of every single audio recording ever made - and it'll cost us next to NOTHING.

    Right now if someone were to walk over to their neighbours place, you'd have to carry the device in a plastic bag and it could only contain 50,000 songs and would take a few days and $200 of receiving hardware to copy.

    Notice something? I didn't use the Internet or p2p, not even ONCE! So when will "the hammer drop"? When all the *average* schmucks like my Mom and non-techie friends figure out that they can do this, and actually start asking their friends "can I come over with my portable storage device"?

    "You have no chance, make your time"

    1. Re:So why hasn't Canada or the USA imploded yet? by Anonymous Coward · · Score: 0

      The US law is section 10 (AHRA) of the copyright act. In exchange for 3% royalty on every Digital Recorder made and 2% on every piece of digital recording medium US consumers can't be fined under the US Copyright act for non-profit consumer violations (Section 1008). The act also requires watermarking of serial copiers.

      It is also not a crime under section 1008 to make a consumer digital recorder however section 12 (The DMCA) makes it a crime to break copy protection schemes. In effect the rights under section 10 have been revoked through the DMCA but the royalties haven't. The DMCA also among otherthings made offering a song for download a seperate right- Digitally Broadcasting. The Record Industry lobbied hard to get that in so they could collect more royalties from Web Casters than regular radio stations, hence shut down the small ones.

  71. NZ prostitutes by Rupert · · Score: 4, Funny

    I have to say that the ones I saw in Auckland were quite beautiful and had very soft wool.

    --

    --
    E_NOSIG
    1. Re:NZ prostitutes by Anonymous Coward · · Score: 0

      They work cheap, too... won't break the baaaaank.

    2. Re:NZ prostitutes by andynz · · Score: 2, Funny

      I think you must have been in Sydney.

  72. The other sude of the second amendment by Anonymous Coward · · Score: 1, Insightful
    In a way, that's exactly why they don't need them. When New Zealand was colonized, it was essentially free of land-based predators. Hence, many tiny flightless birds. The settlers brought cats and dogs with them, which has been a big deal for the flightless birds, but for sheep, it's not so big a deal.

    One of the main reasons that gun control never succeeds in the U.S. is that there is a genuine question of predator control for livestock farmers. There are still cougars and coyotes out there, and many of the farmers grew up when these predators were much larger problems.

    So there's always a base of people who really do have a use for guns other than shooting people. In the city, it's always shooting people... it might just be "bad guys."

  73. digital music players by BrGaribaldi · · Score: 1

    Is it leagal to own MP3 players in New Zealand? Until iTunes came out and Napster went legal there wasn't a big digital music store. So if you couldn't transfer your CDs to MP3 players, and you couldn't buy the songs leagally, how were you supposed to get music into your player?

    1. Re:digital music players by lithiumcloud · · Score: 1

      I bought one at Harvey Norman. I doubt they would sell them if it was illegal. In any case, it has never been illegal to copy your own CDs to mp3 here, this law just clarifies that.

      By the way, iTunes isn't available in New Zealand, and as far as I know, LegalNapster isn't either.

      --
      This space intentionally left blank.
  74. My Hummingbirds by CherniyVolk · · Score: 1


    I have my array of hummingbirds, but Master of Puppets [Metallica] just doesn't sound the same.

  75. Sheesh... by DaveOf9thKey · · Score: 1

    What, New Zealand didn't get enough thanks from the LOTR cast and crew during the Oscars? It's already looking for more?

    --

    Visit me on the web at Permanent4.com.
  76. The conservative viewpoint on USA by Anonymous Coward · · Score: 0

    For the Australians, this sums up American politics from the opposing viewpoint.

    Bush (aka "Warrior"): Fighting for the peace and justice by giving no quarter to terrorists. Has toppled two known terrorist regimes via force, and a third without firing a shot (Libya). Has a campaign fund of over 100 mil and a high approval rating.

    Kerry: Not Bush. Flip-flops on every issue, often within the same week. Decorated Vietnam vet who got one of his 3 Purple Hearts for a "walking wounded" incident, got transfered to administratve duty for those medals, left sevice early to pusue political career. May have been in a meeting discussing assasination of US officials. As a Congressman, worked to cover-up POW/MIA from Vietnam, the war he had even fought in. This is your best hope for a not-Bush president? Campaign fund of around 2.4 mil.

  77. There's another side to this by BobboBrown · · Score: 1

    The copyright modification as proposed allows people to make copies for personal use. Big Deal. It ALSO has standard DMCA-like wording about copy protection and reverse engineering. So we have a right to make a copy, but if there is copy protection, then there is no legal means to make that copy. It's still an ass. Still, the bit about limiting liability for ISPs at least shows some thought went into it.
    See the proposed amendments

  78. He's so fine/ My sweet lord by Thinkit4 · · Score: 1

    This is a well known case of possibly independent discovery of a simple tune. In theory independent discovery should protect you, but in practice it's too hard to prove.

    --
    -I am an elective eunuch.
  79. The reason is simple by AnEmbodiedMind · · Score: 1

    The record execs are worried about this for a pretty clear reason. When CD's were introduced they saw huge boosts in the sale of old catalogue as people began replacing much of their vinyl collection.

    They want the same to happen when people want a copy of their favourite hits on their iPod or memory stick.

    Trust me, I heard the local head of one of the big 5 record companies say this himself.

  80. Now, that's funny: by DF5JT · · Score: 2, Interesting

    From the article:

    "Sony NZ managing director Michael Glading said he was totally opposed to the move, which he believed would "open the floodgates" to unrestricted piracy.

    "At the end of the day, you're sending a message that it's okay to copy, and that is going to kill our business. It's taking away people's rights to earn a living, and that's horrendous."

    Someone should clue this guy in over tha fact that it was Sony that introduced the SCMS (Serial (referred to as Sony) Copy Management System as part of the audio CD standard. Sony has explicitly allowed consumers to make a first generation digital copy of a CD.

    See: http://www.xs4all.nl/~jacg/dcc-faq/scms.html

    20 years ago it was desirable to respect the consumers' right of fair use, and today it's killing the business. Yeah, right.

  81. "Gifting"? by n6kuy · · Score: 0

    Bleah!

    I guess that means, "giving away", or even, "regaling".

    Score -1: Gratuitous Verbing of Nouns..

    --
    If you disagree with me on social issues, then it's pretty clear that you are a narrow-minded bigot.
  82. New Zealand Bill of Rights by Anonymous Coward · · Score: 0
    The New Zealand Bill of Rights looks pretty fundamental. In fact, I consider the NZ bill of rights the most modern and best enumeration of rights and protections from government arbitrariness around. The Australian government could do with some Kiwi wisdom.

    cam

    1. Re:New Zealand Bill of Rights by praksys · · Score: 1

      The New Zealand Bill of Rights looks pretty fundamental.

      Looks that way, but its not. The Bill of rights is just a regular legislative act. The government can change or repeal it any time they like.

    2. Re:New Zealand Bill of Rights by nzkoz · · Score: 1

      It's worse than that. The BOR specifically says, that where the rights conflict with other legislation. That other legislation takes precedence.

      i.e the BOR is simply a guideline

      --
      Cheers Koz
  83. Au-US FTA adds DMCA clauses by Anonymous Coward · · Score: 0
    I believe that it is also possible with Copyright.

    Wont happen, Howard is beholden to American interests. The supposed Free Trade Agreement adds DMCA like provisions to Australian copyright (as well as extending copyright protection). Details of the FTA. There will be public meetings with members of the trade commision in the next month or so.

    cam