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New Zealand DMCA Moves Forward

nzgeek writes "The DMCA-like amendments to the New Zealand Copyright Act passed their first hurdle in parliament today, with an overwhelming 113 to 6 vote to pass the Bill to the Commerce Select Committee for further discussion. The detail-oriented can read the full debate (or rather lack of debate), and one enterprising New Zealand legal blogger has an excellent series of posts on the Bill, its background, and its implications. New Zealanders interested in fighting this legislation have until the 16th of February 2007 to make submissions to the Select Committee, before the committee makes its recommendations and sends the Bill back for a second reading."

153 comments

  1. Why does anyone need a DMCA? by msobkow · · Score: 1, Insightful

    I don't understand the need for DMCA-like legislation when there are hard encryptions available to negate the question. DMCA is like claiming you're cracking a bank safe when all you did is slide a latch or ignore the "No Trespassing" sign.

    Aren't DMCA legislations just a means of guaranteeing that companies keep using insecure technologies?

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Why does anyone need a DMCA? by QuantumG · · Score: 4, Insightful

      o..k. Maybe you misunderstood the DMCA. It's a law that makes it illegal to crack any "protection mechanism", no matter how easy it is to do so. Most countries around the world that have DMCA-like laws put in some sensible exceptions of course. Fair use being the most obvious. And the work being "protected" has to actually be under copyright. As for whether or not this is "insecure".. I'm confused. A copyright "protection mechanism" has nothing to do with security. You don't use copyright protection mechanisms to keep secrets, you use them to electronically enforce copyright. Claiming that they are "insecure" makes as much sense as claiming that a parking inspector is "insecure".

      I'm no fan of laws that say what I can and cannot do with my own computer, but if you're going to attack them, at least be coherent.

      --
      How we know is more important than what we know.
    2. Re:Why does anyone need a DMCA? by WK1 · · Score: 0

      That's a good point. I never really thought of it that way. I did, after you mentioned it, and I thought of something you may not have.

      Cracking X-Box (and Tivo, playing DVDs, etc). No matter how good Microsoft is at making their X-Box obscure and incompatible, it will always be possible to crack it. Hackers are very ingenuitive, and will find a way. With DMCA, it is illegal to crack it in such a way that you can use pirated, or archived media.

      Also, I don't think the DMCA covers security in any way. Just fair-use lock-out type technologies.

    3. Re:Why does anyone need a DMCA? by bit01 · · Score: 4, Insightful

      And the work being "protected" has to actually be under copyright.

      Which is bizarre. DRM'ed content breaks the copyright bargain, the first sale doctrine and fair use provisions. It should not be possible to copyright DRM'ed content.

      A copyright "protection mechanism" has nothing to do with security.

      Sorry, but that's double-think. Double-plus un-good.

      It has everything to do with security. The vendor's security. Security is all about physically enforcing somebody's view of ownership in the face of other people's different view of ownership. Ownership, by definition, is simply the legal right to control something to the exclusion of others. Security in general has nothing to do with secrecy though secrecy is often used to achieve security.

      In this case the vendor thinks they should be able to legally enforce their view of ownership. This happens to be in conflict with most people's view of ownership which includes the right to share. Reasonable people can dis/agree with either point of view.

      ---

      Like software, intellectual property law is a product of the mind, and can be anything we want it to be. Let's get it right.

    4. Re:Why does anyone need a DMCA? by Kjella · · Score: 3, Insightful

      Companies would rather you weren't able to break their technical protections in the first place, the DMCA is a legal-smackdown on those that do. I'm not sure what you're trying to say with "hard encryption" because DRM implies that the key already is in your posession, but that they're relaying on obscurity/tamper-proof hardware to prevent compromise.

      The difficulty prevents more casual hackers, and DMCA prevents large commercial efforts, funding expensive equipment etc. and overall makes it more dangerous to create a huge cracking effort.

      Also one of the important reasons is to stomp out end-user tools. already people expect to be able to transfer CDs to the iPod, not that many expect to transfer DVDs to their HTPC, video iPod, cell phone etc. but many enough. They can tell consumers "You weren't supposed to be able to do that with DVDs either" but they'll still get a "screw you" when trying to push HD-DVD/Blu-Ray.

      If you don't see what use they have of the DMCA, you must really be blind. I'm not saying that it's good uses, but if you had the RIAA/MPAAs goal of control, profits and pay per view/playing, pushing it makes good sense.

      --
      Live today, because you never know what tomorrow brings
    5. Re:Why does anyone need a DMCA? by Chandon+Seldon · · Score: 1

      DRM technology is theoretically impossible to prevent the copying of non-interactive works.

      For interactive works the question is more interesting, but the Starforce people try *damn hard* to prevent people from copying Windows video games, and that doesn't seem to slow RELOADED or DEViANCE down one bit.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    6. Re:Why does anyone need a DMCA? by Akaihiryuu · · Score: 2, Funny

      This message is ROT-26 encoded. You're violating the DMCA by decoding and reading it without permission.

    7. Re:Why does anyone need a DMCA? by Anonymous Coward · · Score: 0

      They want AND need these DMCA like legislations to add additional ways to protect and distribute copyrighted material in this new age, the Digital age. Go on and on all you like about how P2P and other bootlegging activities actually 'increase' the value of music and artists and bands and such, it doesn't change the facts that:
      1. copyright DOES exist
      2. it exists for good reason (we couldn't have the GPL without it)
      3. creators have the right to control the distribution of their works
      4. and what we are doing IS illegal.

      ANALOGY TIME: If you and your lover made a couple personal videos of you having sex for your own personal amusement then somebody stole one of those videos and distributed it online would you be alright with that? How about if they argued that what they did was actually "GOOD" because people then would want to pay you money for your other videos?

      YES, I KNOW what they are trying to pass is usually excessive, suppresses some or all of our existing rights, AND YES I know they are all actually "evil, fascists dictators at heart", but can anyone here give me a way to keep all of our rights (fair use) while effectively stopping the problem of illegal distribution, bootlegging etc? NO? Well until then they will continue trying the only methods they have of trying to rightfully protect their copyrighted works. What else do you expect them to do?

    8. Re:Why does anyone need a DMCA? by gringer · · Score: 1
      It's a law that makes it illegal to crack any "protection mechanism", no matter how easy it is to do so.
      So, for example, decrypting this message in a non-approved way would be illegal?
      http://user.interface.org.nz.nyud.net:8080/~gringe r/pics/slashdot_mirror.svg
      --
      Ask me about repetitive DNA
    9. Re:Why does anyone need a DMCA? by mab · · Score: 1

      Yes

    10. Re:Why does anyone need a DMCA? by Alsee · · Score: 3, Informative

      Most countries around the world that have DMCA-like laws put in some sensible exceptions of course.

      No they don't.

      Fair use being the most obvious.

      Buahahahahaha!

      And the work being "protected" has to actually be under copyright.

      There is absolutely nothing stopping anyone from putting DRM on public domain content. It's technically not criminal for you to strip the DRM off of public domain content, but it is still criminal for anyone to actually supply you with the means to do so.

      There are no meaningful execptions to any of the DMCA laws, there is certainly no Fair Use exception, and it even effectively enforces DRM on non-copyright content.

      if you're going to attack them

      If you're going to defend them... Chuckle. Here's a link to the text of the USA DMCA anti-circumvention law.

      Note that 1201(c)... the supposedly "Fair Use" provision... note that it merely states that Fair Use defenses to copyright infringement are not affected. Fair Use is a defense to charges of copyright infringment, and only to charges of copyright infringment. Circumvention and trafficking circumvention tools are not copyright infringment, they are simply criminal. Therefore there *is no* Fair Use defense for DMCA violations. So in effect what 1201(c) really says is that a non-existant defense is not affected. That's the sort of stupid legal games you get when we allow industry lawyers to literally write the text of our laws. The Fair Use provision literally does nothing, but it sure looks pretty doesn't it? It sure creates the appearance that the law is reasonable, the appearance that it reasonably addresses and defends the public's interests. And that is far from the only example of legal tricks slipped into copyright law. The notice-and-takedown section of the has another great public interest sounding clause that doesn't actually do anything... the clause that gives the appearance that takedown orders are filed under penalty of purjury... it is effectively meaningless. Another lovely stunt they pulled was in the NET act, they slipped an apparently insignifigant single little sentence that redefined the legal term "financial gain". This redefinition of terms radically altered the very landscape of copyright law. It redefined "financial gain" to encompas almost any case of copyright infringment (especially P2P), and it took almost all fairly insignifigant cases of non-commercial copyright infringment and though the back door slammed them all under the extremely sever FELONY LAWS that were intened and designed only to apply to serious cases of COMMERCIAL copyright infringment. Individial noncommercial infringment was suddenly thrown under the laws intended to target major criminal commercial enterprice priracy. Individual non-commecial infringment which *was* considered a minor and purely civil matter was suddenly subject to 3 and 5 year felony prison terms. This is the sort of legal trickery you get when we literally allow industry lawyers to write our laws for us, and our legislators simply and ignorantly vote through that prepared text. Oops.... I'm ranting.

      Anyway, the point is that there is absolutely nothing reasonable or Fair about DMCA-style anti-circumvention law. And for purposes relevant here, the various international versions of the law are effectively the same as US law. The US "free trade" negotiators forcibly cram crazy terms into every single trade deal, and those terms pretty well prohibit any meaningful softening or exemptions to the DMCA. The law would become 100% worthless if they allowed any meaningful exception at all. DRM security is 100% dependent on circumvention means being COMPLETELY unavailable. If there is any meaningful excemption at all for anything, you would need some means of circumventing the DRM available. You would need someone to be able to supply you with

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    11. Re:Why does anyone need a DMCA? by Anonymous Coward · · Score: 1, Insightful

      "DRM'ed content breaks the copyright bargain, the first sale doctrine and fair use provisions"
      "In this case the vendor thinks they should be able to legally enforce their view of ownership. This happens to be in conflict with most people's view of ownership which includes the right to share. Reasonable people can dis/agree with either point of view."


      People copying and mass distributing ALSO break the 'copyright bargain', what about the copyright owner's rights of limiting distribution to people who actually PAY for their works? You think its 'fair' to only think about the users rights, but the copyright owners have rights too you know.

      "their view of ownership"? "people's view of ownership which includes the right to share"?
      This isn't all a matter of opinions, there are definite legal limits to what both sides can do. Their view is that they created/own the damn works and therefore they have the right to limit distribution to people who actually PAY for it. We, the consumers, have the right to transfer between mediums, make BACKUP copies, and resell. "Sharing" doesn't mean copying and mass distributing it, which is what putting it on the internet means.

      Until someone can find a method which can give BOTH sides ALL of their rights then the copyright holders are going to use the only means available to protect their rights. DRM

    12. Re:Why does anyone need a DMCA? by Anonymous Coward · · Score: 0

      Circumvention and trafficking circumvention tools are not copyright infringment, they are simply criminal. Surely they are civil issues if anything, and nothing if simply opening or copying a DRMed file is not related to copyright issues, as you imply.
    13. Re:Why does anyone need a DMCA? by Lavene · · Score: 0, Offtopic

      Hey AC of this: There is absolutly no reason to drive by (or use a bot) to post false news here. We usually do an excellent job in that field our selvs... :p

    14. Re:Why does anyone need a DMCA? by Petrushka · · Score: 1

      People copying and mass distributing ALSO break the 'copyright bargain', what about the copyright owner's rights of limiting distribution to people who actually PAY for their works? You think its 'fair' to only think about the users rights, but the copyright owners have rights too you know.

      You are terminally clueless. Of course copyright owners have rights too: those rights are protected by a thing called "copyright".

    15. Re:Why does anyone need a DMCA? by mpe · · Score: 1

      1. copyright DOES exist

      So did quite a lot of things which no longer exist...

      2. it exists for good reason (we couldn't have the GPL without it)

      The GPL would work perfectly fine with copyright radically different from the status quo. e.g. "Ten years (3,652 days) from first publication."

      3. creators have the right to control the distribution of their works.

      In many cases the copyright holder is not the actual creator. The reason for this position is ment to be the pragmatic "this will promote creation and distribution". So it would be a good first step to find out if it does...

    16. Re:Why does anyone need a DMCA? by Alsee · · Score: 2, Informative

      Surely they are civil issues if anything

      No. As I said, the act of circumvention and the act of trafficking in circumvention are both criminal acts. Not some civil law suit.... it is criminal as in the FBI can come and arrest you and toss you in federal prison for up to a decade. (Five years on a first offence, a decade on a second offense.)

      and nothing if simply opening or copying a DRMed file is not related to copyright issues, as you imply.

      No. It is indeed criminal even if you do not commit copyright infringment. If a 12 year old girl copies a few seconds of a video for a junior high school multimedia project and brings it into school and all the students distribute copies of their projects to each other, that is non-infringing Fair Use. If she circumvents the encryption on a DVD in the process, she did not commit copyright infringment but she DID commit a criminal act and she can be arrested for it.

      I gave a link to the text of the law itself in my last post. I will repeat the link: US Code Title 17 Chapter 12 Section 1201.

      The problem is that you assumed that the DMCA was a reasonable sane law. It's not. If the DMCA were a reasonable sane law it would opperate exactly in the way you expected and wrote in your post.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    17. Re:Why does anyone need a DMCA? by crashelite · · Score: 1

      how does that have to do with DMCA it is mainly for software then hardware... if you hack your Xbox it just violates your end user agreement. Making it so MS will not touch it, on the other hand if you reverse engeneer a version of office or windows. if it were not for DMCA that would just be violation of the end user agreement for the software, but because of the DMCA it violates the copyright and makes it illegal for reverse engineering of software. i havent read up in the DMCA in a long time but last time i checked that was how it went.

      --
      (yes i know i suck at spelling fell free to correct my grammar and/or spellin i dont care, im still not going to change
    18. Re:Why does anyone need a DMCA? by MadJo · · Score: 2, Interesting
      And the work being "protected" has to actually be under copyright.

      Everything you bring out nowadays is automatically copyrighted. Everything.
      It used to be so that you had to register your copyright at an agency that kept a record of it, but that became expensive to maintain. So now every work that's put out, be that digitally, or on paper, on tape, on disk or any other means, is copyrighted.

      You don't use copyright protection mechanisms to keep secrets, you use them to electronically enforce copyright

      DMCA is also not an electronic protection means, that's DRM. Now, if DRM gets in the way of my fair use right (it is allowed to make 1 copy of a music disk for personal use, just to name one of the fair use terms that is hindered by DRM), then that DRM should be illegal, and I should be allowed to 'crack' it.

      Do you really think that DRM and the DMCA stop the illegal sharing of copyrighted files?
      If anything, DMCA is one of the most abused/misused law in the US. Just look for all those DMCA take-down notices on parody songs, or other legal uses of copyrighted works.

    19. Re:Why does anyone need a DMCA? by Tim+C · · Score: 1

      Of course copyright owners have rights too: those rights are protected by a thing called "copyright".

      And yet, a great many people here act as though they do not.

      Copyright is a bargain, an agreement between Us (the non-creators) and Them (the creators). We started to break that agreement (by infringing copyright) long before They did (by implementing DRM). Now I'm not arguing whether or not Their response has on the whole been disproportionate, but We certainly seem to have brought it upon Ourselves.

    20. Re:Why does anyone need a DMCA? by msobkow · · Score: 1

      It is the responsibility of companies and investors to understand the legal systems and constitutions of their target markets.

      Canadian legislation enshrines our right to make copies of media to lend to friends, but restricts outright piracy or sharing with the general public and people you don't know personally. Australian law has similar guarantees; I don't know about other jurisdictions.

      I think it's likely that Vista and DRM are illegal in Canada.

      --
      I do not fail; I succeed at finding out what does not work.
    21. Re:Why does anyone need a DMCA? by Anonymous Coward · · Score: 1, Insightful

      The biggest problem with this DRM, DMCA type stuff is in its explicitness. If you create content and own it, you have every right to sell the content to me under any conditions we both agree on. The issue is then whether most users understand that by purchasing DRM'd content, they've implicitly agreed to the DRM contract. And I think in most cases they don't. But can't we easily fix this with explicit labeling? If my CD says in big bold letters what I am and (more importantly) am not allowed to do with it, it's then my choice whether to enter the agreement by forking over my money.

      The problem with the media creators is that they want it both ways - they don't want to have to put big labels on their products precisely because they want you to buy their media assuming you can do what you want with it, when that's not the case. This is an implicit form of false advertising in my book. And this is where the real problem lies - not with DRM itself, but that the DRM contract is not obvious to most users. If the gov't is going to step in and enforce these laws, they need to also ensure that the media companies are not deceiving consumers.

    22. Re:Why does anyone need a DMCA? by kryptkpr · · Score: 2, Insightful

      Copyright is a bargain, an agreement between Us (the non-creators) and Them (the creators).

      Yes. The bargain was we allow them hold a monopoly over their creations for a short term (20-30 years), at which point it becomes public domain.

      We started to break that agreement (by infringing copyright) long before They did (by implementing DRM).

      No.

      They started to break that agreement (by perpetually extending copyright to the point where none of us will ever get to enjoy something produced in our lifetime), long before We did (by infringing copyright).

      --
      DJ kRYPT's Free MP3s!
    23. Re:Why does anyone need a DMCA? by Anonymous Coward · · Score: 0

      The GPL would work perfectly fine with copyright radically different from the status quo. e.g. "Ten years (3,652 days) from first publication."

      I'll bet you $1000 that 90%+ of the music and movies being illegaly copied and distributed online aren't even that old. Sure, ten years may be enough for computer code, but not enough for most other cases, how about the original 14 years?

    24. Re:Why does anyone need a DMCA? by Anonymous Coward · · Score: 0

      Copyright violations are illegal anyhow - why do you additionally need a law prohibiting circumvention of technical prevention measures?

    25. Re:Why does anyone need a DMCA? by Dabido · · Score: 1

      'Yes. The bargain was we allow them hold a monopoly over their creations for a short term (20-30 years), at which point it becomes public domain.'

      In Australia and NZ for over one hundred years copyright has been the life of the creator plus fifty years. After those fifty years it becomes public domain.

      'They started to break that agreement (by perpetually extending copyright to the point where none of us will ever get to enjoy something produced in our lifetime), long before We did (by infringing copyright).'

      AFAIK, the creators lifetime plus fifty years is still in effect in Australia and NZ. No, extension has taken place, and as far as I'm concerned it's not too bad a law. Because after all, once something becomes public domain a lot of publishers start to publish public domain stuff and sell it to people who don't know it's in public domain. The creator then starts to get nothing in way of payment, while the publishers still make money.

      Copyright fees are relatively small [about one cent per song, and one cent on the recording and a few cents per book], which is why these things fall in price over time. [Like, CD's and books finding their way into bargin bins and being sold for $2]. The actual agreement with the publishers doesn't last as long as gthe copyright, so after fifty years a songs recording should fall into public domain [but not the song, only the recording of it], and books will depend on the agreement signed, with some text books agreements only lasting a few year [as they go out of date so quickly], and fiction lasting a lot longer.

      Once the agrement stops, book copyright reverts back to the creator, who can then try selling the book to another publisher, or release it into public domain, or just sit on it.

      As far as music copyright is concerned, you can get permission from the relevant authority [In Australia that's APRA], and record your own version of the song. OR, get some muso friends to record it [if they're good enough]. As the copyright fee is releatively small [like I said, about 1 cent on the song ... depends on the song and artist though, because EACH creator gets one cent each, so if the song is written by four people, it'll be four cents etc.], and a license to play copyrighted material normally isn't too much.

      It's the reason bands can make a living playing covers, and we get such classics cover albums as Chipmunk Punk.

      I'm not sure what you mean by, 'none of us will ever get to enjoy something produced in our lifetime'. You can get to enjoy the works in your life time. You just have to pay ... If you mean you can't get the song or book for free in your life time, I'd have to ask why you'd think you deserve it for free?

      If you produce a work of art, a book, or something, then you deserve the right to get some income for your effort. Most copyrighted things fall in value over time, so while the work you want might be at full price for a year or so, it'll slowly reduce in value till it hits the bargin bins at a relatively small price. Sure, you're still paying for it, and the creator is getting their one cent royalty, but it's a lot cheaper. In the case of less popular works, the creator may never make back an amount equivalent to the time and effort they put in, and in the case of popular works, i think it's good if the creator gets a LOT for producing a work of high quality [or at least high popularity ... some popular things are just crap, but who are we to dictate our tastes on others].

      So, whether you enjoy the piece in your lifetime or not is entirely relative to WHEN you think it is value for money. If you think a CD or Book is worth full price, then I'm sure you'd buy it at full price. If you think it should be worth half as much, then you will need to wait till it hits half price.

      I will give an example of something from my own experience. PC Games when they first come out usually cost

      --
      Sure enough, the cow costume was hanging up next to the superhero outfit and sailors uniform. (S,Spud)
    26. Re:Why does anyone need a DMCA? by Dabido · · Score: 1

      'Everything you bring out nowadays is automatically copyrighted.
      Everything.
      '


      No, I think you misunderstood the parent. I think they were refering to publishing things in Public Domain [which some publishers still do]. For instance, the works of Shakespeare are in public domain. If I wanted to form a publishing company and release a book of Shakespeares Sonnets, I can. No need to pay royalties or get copyright permission. So, just because I brought out a book, doesn't mean the content is automatically copyrighted. It isn't. [Though, I can possibly get copyright on it, if I 'translate it' from Shakespearian English into Australian English

      However, in my country (Australia), as soon as someone CREATES a work, it is automatically copyrighted. [They don't even have to realese it either. So, unpublished works are ALSO copyrighted, though it might be difficult to defend in a court of law if someone swipes it, as the judge might lean towards the people who released the work first, as they'd have solid evidence in the form of the release, while the other person is likely to only have their notes and personal testimony].

      ALSO, the creator does not NEED to copyright their work. If they wish, they can automatically release their works into public domain. So you can bring out an original work which is not copyrighted. Copyright just means that someone has a right to copy it, so as soon as you tell EVERYONE they can use the material, the copyright is gone.

      Not sure about other countries, but that's how it works here.

      --
      Sure enough, the cow costume was hanging up next to the superhero outfit and sailors uniform. (S,Spud)
    27. Re:Why does anyone need a DMCA? by kryptkpr · · Score: 1

      I'm not sure what you mean by, 'none of us will ever get to enjoy something produced in our lifetime'. You can get to enjoy the works in your life time. You just have to pay ... If you mean you can't get the song or book for free in your life time, I'd have to ask why you'd think you deserve it for free?

      I believe you have me confused with someone who wants to just read the book. I want to take some of the ideas, and to make a better book out of it. There is no such thing as originality anyway, and there hasn't been for a long time (aren't there something like only 37 unique dramatic storylines, for example?).

      I fill freely admit to being ignorant on AU copyright law, I was referring to the American Copyright Act of 1790 which allows a copyright term of 14 years (not life+14 years, JUST 14 YEARS!).. with an option to renew for another 14 years (again, no need to die to start the clock counting).

      From the above linked page:

      The stated object of the act was the "encouragement of learning,"

      I believe it is this objective that is important above all, and definitely above corporate greed. I don't just "want" things for free, I DEMAND that works be placed into the public domain after what I deem a reasonable amount of time so that I, as a PRODUCER OF CONTENT, may build upon them BETTER WORKS. I agree with the founding fathers, 14+14 years is a reasonable amount of time.

      The great-great-great-grandchildren (Life+70 term) of a content producer have trampled upon my fair use rights, and they have shat all over the entire idea of the "encouragement of learning,". The simple ugly fact is the content producers of old have fucked the content producers of new.. so what choices do we have when we want to remix or re-produce old content? Even the Happy Birthday song is still under copyright..

      --
      DJ kRYPT's Free MP3s!
    28. Re:Why does anyone need a DMCA? by Dabido · · Score: 1

      'I want to take some of the ideas, and to make a better book out of it.'

      You can already do that. As long as you're not using the original text. [You also can't use the same characters etc. So, for instance, you can't re-write the Maltese Falcon and use Sam Spade etc. BUT, if you started basing your story on the Maltese Falcon you could use different characters and change the plot where you want it changed ... and like I aid, you'd have to use all your own words].

      I'm pretty sure the copyright for 14 years with a possibility of renewing for 14 years was the copyright held by the publisher NOT the writer/creator. Back in those days the writer got ONLY what the publisher was willing to pay the author and the author didn't ahve a copyright on the work. So, if the publishers paid the author $15 for the book and then made 1 million, it's tough luck for the author, though the author would have been able to proabably demand more money on a second book deal.

      So, it's not good to use that as an example, as some books now give the publisher less than 14 years and some more depending on the deal struck. But, those old copyright laws really screwed the creators over,which is why I like the newer laws better [Life + 50 years].

      Of course copyright laws existed before the founding fathers of the US. Australia laws were pretty much based ont he English ones up to 1968. [In fact, they're still based on them, but 1968 was when they sort of became 'detached' from what the English were doing, if you understand what I mean]. So, the 'encouragement of learning' [which I am all for], really only relates to US copyright. I think most other countries had copyright to protect the publishers at first, and now to protect the creators as well. The release into public domain at such early times was often detrimental to creators as they get a small piece of the pie and as such were often unable to make a living off just writing.

      Life + 70 years I agree is too long. I've always liked the life + 50 years we have in Australia, as the added 50+ year at least takes care of the creators families if the creator dies at early ages. [In fact, I would probably in favour of life + 20 years. I'd only really disagree with shortening it beyond that, because if they just made it something like 'life of the creator', then people might start knocking the creators off in order to use their works.]

      As for NOT being able to re-mix or re-use older content, in music it is relatively easy to get permission to use songs and the copyright on using it is paid in CENTS and not dollars or anything. That's why there are so many DJ's and artists now who use other peoples music to mix and create other things.

      In writing etc it is a little harder, because if you start using other peoples words in your book, you can get sued for plagarism [and the writing community will probably look down on you as well]. Though, with permission from the creators you can contribute to their work, such as all those Star Trek and Star Wars novels based on their Universe. But, I'd hate for it to become an 'open slather' on a creators work. Imagine if they didn't have editors to keep those Universes consistent? We'd have R2D2 beingkilled off in one book, only for him to save everyone ten years later in another book. It'd be a total mess. BUT, if you wanted to do something similar, you could have a similar Universe with similar characters [like who didn't notice the similarity between Star Wars and Battle Star Galactica when it first came out?], and it isn't copyright infringement. [Though you'd have to put up with everyone screaming, 'rip off rip off' all the way to the bank.]

      So, in a way, copyright is stopping every Tom, Dick and Harry from messing up an Authors fine work [because after all, if their enemies wanted to stuff them around, they'd start using the same characters and same universe and make things as inconsistent as possible with the Author just to make them starve].

      --
      Sure enough, the cow costume was hanging up next to the superhero outfit and sailors uniform. (S,Spud)
    29. Re:Why does anyone need a DMCA? by MadJo · · Score: 1

      I thought that you couldn't release works that aren't copyrighted, into the public domain any more. Because of the way the law works.
      Everything you create is copyrighted. (btw, you are indeed correct, it's not everything you release, but everything you create)
      You can, however, release it under a less-restrictive licence (Creative Commons for instance), but I don't believe the work can enter public domain from the get-go.

    30. Re:Why does anyone need a DMCA? by Dabido · · Score: 1

      'I thought that you couldn't release works that aren't copyrighted, into the public domain any more.'

      Um ... I think you mean something other than what you wrote. If a work ISN'T copyrighted, it is in Public Domain. So, Yes, you can't release works that aren't copyrighted into public domain, as they're already there.

      If you are the copyright holder of a work, then you can certainly release your work into public domain. Copyright is just the legal ability to make copies of a work. If you write on the work that as the creator you are allowing people to do what they want with it, as you are relinquishing your copyright, then legally what can anyone else do? After all, they can't force you to take people to court for copying your work, can they. Plus, you've given everyone permission to copy it and do as they wish.

      I'm not sure about other countries, but I'm pretty sure about it being that way in Australia still. [I'm too lazy to go get my copyright books at the moment, and some of them are almost twenty years old. But, I'm sure we haven't changed the copyright laws in this country since 1968].

      BUT, I do know that I have some musical works in books that specifically state they are Public Domain, and they were written only about thirty or so years ago. [The creators put them straight into public domain when they created them].

      --
      Sure enough, the cow costume was hanging up next to the superhero outfit and sailors uniform. (S,Spud)
    31. Re:Why does anyone need a DMCA? by msobkow · · Score: 1
      Circumvention and trafficking circumvention tools are not copyright infringment, they are simply criminal.

      Yes, a lovely little Catch-22 they've tried to set up there, but the earlier precedent should be a priority IMNSHO.

      To my way of thinking, there are two directions to the legal timeline. Sometimes there legislation is added to clarify earlier situations, other times it's intended to replace existing legislation. But if there is no clear statement that earlier legislation is repealed, I would think that the earlier society has argued a case, the more important it was to society.

      Subsequent legislation sometimes clarifies the positioning of new technologies, but like statistics, it's important to make reasonable comparisons.

      --
      I do not fail; I succeed at finding out what does not work.
  2. Isn't it ironic somehow? by erroneus · · Score: 2, Insightful

    Here lately we're starting to hear the beginnings of experiments into actually USING P2P techniques to distribute content and experiments in dropping DRM, and yet the DMCA is continuing its march across the WTO.

    I wonder how long it will be before the media people realize that it will always be a minority of people who will actually bother to copy and crack and skip commercials and never buy. This leaves the majority going along in their mainstream way taking things as they are packaged and delivered.

    I'm hopeful that the experiments in dropping DRM will be as successful as the software industry was when it gave up on their copy protection schemes that involved odd and flawed formats on floppies and CDs. (Is anyone here old enough to remember the floppies with the errors in specific locations and all that?) Now they haven't given up entirely, but they have definitely become more friendly about it as they matured. I'm hopeful that the content people mature more in their new digital frontiers and realize it's all pretty much the same thing as before and that people will continue buying regardless of other options being present.

  3. Will have a look at emailing some politicians by ThomasHoward · · Score: 2, Insightful

    Or writing a letter, or suchlike. But even if the law gets passed, it wont make any difference to me, will still keep playing DVDs in Xine, will still tell others how to play DVDs on Linux, and I doubt any enforcement will happen. But I thought the government was smarter than this, I guess not. If anything, the opposite should he happening, the government should really be actively seeking to eliminate DRM.

    1. Re:Will have a look at emailing some politicians by BiggerIsBetter · · Score: 2, Insightful

      But I thought the government was smarter than this, I guess not.

      They've stopped representing the public, and started governing the public instead - it's a trend of Labour I've noticed for a while now, especially since getting their second term. Still, it's damn annoying that something that affects every New Zealander is happening so quietly. The mainstream media (unsurprisingly) hasn't said a word about this one.

      I'll get my pen and paper out in the morning...

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    2. Re:Will have a look at emailing some politicians by Anonymous Coward · · Score: 0

      The MP in question, Judith Tizard, is also the MP for Archives. A friend working for Archives New Zealand notes that she never actually consulted _anyone_ in Archives, and that all Senior Archives staff would have recommended against, because DRM breaks the ability to archive anything! Archival organisations worldwide are trying to prevent DRM usage for just that reason.

    3. Re:Will have a look at emailing some politicians by BiggerIsBetter · · Score: 1
      The MP in question, Judith Tizard, is also the MP for Archives.

      It's worse than that.

      She is:
      • Minister of Consumer Affairs
      • Minister responsible for Archives New Zealand
      • Minister responsible for the National Library
      • Associate Minister for Arts, Culture and Heritage
      • Associate Minister of Transport
      • Minister with responsibility for Auckland Issues
      • Associate Minister of Commerce

      I can see this bill negatively effecting at least 4 of her 7 portfolios, not effecting 2, and having a mixed effect on 1. I'll leave it as an exercise for the reader to figure which is which...

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
  4. Democracy in Action? by chris_sawtell · · Score: 5, Insightful

    That's right. Introduce an important bill just as the country is closing down for the rituals surrounding the Christmas holiday and set the date for submissions just a few days after most people surface after the haze has cleared.

    If this is what is called Consultative Democracy, then frankly I've just become rather envious of the Fijians. Now we know why the leadership of the NZ Government was saying such condemnatory things about the actions of Cdr. Bainimarama.

    We are very isolated from the Real World(tm) here in Little Ol' NZ, so don't get to hear very much about what's happening out there. Do the governments of other countries which purport to be ruled "by the people for the people" get up to these tricks?

    1. Re:Democracy in Action? by WK1 · · Score: 1, Interesting

      Don't know much about anywhere else, but dirty political tricks here in the USA are standard. Some might even say required.

      It's true what Col Mitchel said on Dakara, "I guess politics really do suck everywhere."

    2. Re:Democracy in Action? by lawpoop · · Score: 2, Insightful

      There are similar tricks happening here in the good ol' US and A.

      Our congress is routinely passing bills at 4 in the morning, which were written by lawyers from industry in secret committees, with copies of said 1,000-page bills distributed to congresspeople only 24 hours before the vote.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    3. Re:Democracy in Action? by Marillion · · Score: 1

      Okay - I realise it's unfashionable to read legislation before commenting on Slashdot - instead it's far more fun to leap into hyperbole. I at least read the general remarks that preceed the statutory changes.

      This seems to be legislation that tries to strike a fair balance. It grants ISP's common carrier status [so your ISP doesn't have a legal incentive to add content filtering]. Specifically clarifies libraries, archives and education right to the work [the bill intends to continue existing standards of fair use]. Allows for format shifting [Your ripping your CD to your iPod is safe].

      This bill does legitimise DRM (TPM is the phrase in the bill), but it does seem to suggest that if a DRM measure is too enerous to the user, the user has some recourse to access the content.

      My broad analsys: no real winners or losers

      --
      This is a boring sig
  5. Only the first reading by JamesNK · · Score: 5, Informative

    Although the bill passed with an overwhelming margin, that doesn't mean a lot of the MPs will support it next time it comes up for vote. In New Zealand MPs often support a bill in its first reading because they feel it requires more thought and debate.

    For example recently a bill to raise the New Zealand drinking age to 20 was passed in its first reading by a large margin before being voted down in the second - MPs back off from drinking age hike

    1. Re:Only the first reading by Coryoth · · Score: 3, Informative

      Indeed. I just wrote a long email detailing my concerns (primarily the issue of treating copyright as a property right, that copyright should be about providing incentive for content creators and any laws should be made with this fact firmly in mind, the protection of fair use rights - to allow individuals full access to do as they wish with works for personal use, and about the steady creep of ever longer copyright terms) to the MPs who provided personal addresses (as opposed to their official parliamentry addesses). I think as long as you sound reasonable, serious, and actually raise deeper issues for them to think about, many MPs will actually pay some attention to this. The reality is that most people, politicians included, simply haven't really thought about copyright issues all that seriously. Giving them some reasons to dwell on, and think a little more deeply, about the full implications can, I strongly suspect, make a difference.

      In case you're interested in writing as well, here is the list of email addresses. I strongly suggest that anyone who can write an intelligent thoughtful email to help get MPs seriously thinking about these issues should do so.

    2. Re:Only the first reading by Chandon+Seldon · · Score: 3, Interesting

      ...that copyright should be about providing incentive for content creators and any laws should be made with this fact firmly in mind

      You do realize that the history and economic reality of copyright don't really support that assertion, right? Take a look at http://www.questioncopyright.org/faq for some actual background on the topic.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  6. Noooooooo! by builderbob_nz · · Score: 0, Offtopic

    *goes and sobs in the corner*

    --

    Karma? Hey I just call it as I see it.
  7. Re:New Zealand is a country of 4 million people. by iSeal · · Score: 1
    New Zealand is a country of 4 million people. It gets a lot of attention on Slashdot because people speak English there. There are 121 countries that have more people than New Zealand.
    In other words, you're saying that if Slashdotters banded together, and we made an effort to mail the proper NZ representatives, we could make a difference? And that there's a cat stuck on the roof of the Parliament?!

    Non-Kiwis of the world unite!
  8. In UK, yes, politicians always against people by Morgaine · · Score: 1

    You're no exception in NZ at all.

    It's certainly like you describe here in the UK as well, and I hear it's the same in US.

    What seems to have happened is that politicians worldwide have now lost any intention of representing the interest of "The People" honestly, and always work against them in any way they can. The political system is only as good as its practitioners, and hence nowadays it's rotten to the core.

    I don't know if it was ever any better than this. Back in the days of the Founding Fathers in the US it must have been better, you can see the pro-The People intention clearly expressed in their Constitution. But of course that's being subverted now by the current administration.

    Just treat politicians with utter contempt for the pure scum they are, universally. I don't know of any that are an exception to this, in the current day and age.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
    1. Re:In UK, yes, politicians always against people by Anonymous Coward · · Score: 0

      We're with you in Germany.

      I'd say there might be not-entirely-scum politicians out there, in countries that afford small parties (i.e. that don't have winner-takes-all elections), like we do, but it DOES NOT MATTER, because the two big parties (yeah, the same ones, judging by their program) rule the country anyway.

      I just wonder why in any country the vast majority of the population ends up voting either for half-socialist bastards (I mean half, cuz there are also the progressives out there), or for reactionary conservative pigs. Most people are neither progressive, green, nor pro-liberty.

    2. Re:In UK, yes, politicians always against people by oliverthered · · Score: 1

      I just wonder why in any country the vast majority of the population ends up voting either for half-socialist bastards....

      I've been wondering about this for a very long time too and it's probably the same reason they voted for Hitler. They only care about themselfs and there imidiate interests and don't give a shit about anyone else. Here in the UK you can see those kind of people out every weekend getting pissed up and starting fights (There usually the ones wearing shirts). I've found them to be the vast majority and totally ignorant to the world around them.

      --
      thank God the internet isn't a human right.
    3. Re:In UK, yes, politicians always against people by oliverthered · · Score: 1

      the vast majority

      Here in the UK your lucky if the vast majority of people bother to vote at all.

      --
      thank God the internet isn't a human right.
    4. Re:In UK, yes, politicians always against people by Anonymous Coward · · Score: 0

      How is that a good thing?

      When people don't know their candidates, don't know what they stand for, it's much better if they stay at home, than if they "legitimize" some politician scumbag that might harm the country economically, creating unemployment for thousands or millions, or that might go mass murdering, sending soldiers to fight a stupid, unnecessary war.

      The real evil aren't the politicians, but the stupid voters who still elect them every single time!

    5. Re:In UK, yes, politicians always against people by oliverthered · · Score: 1

      I missed out the don't.
      We get less than 50% turnout in the elections. (Not picking on Manchester but it's the first results google turned up)

      Turnout for the local Manchester elections last year was 22% and the European was 19.5%.

      If only they'd let us vote for none of the about and just leave us as we are without more draconion laws.

      --
      thank God the internet isn't a human right.
  9. The smart move by edwardpickman · · Score: 2, Interesting

    The best thing for everyone at this point would be for the investors in the entertainment industry to invest in oil futures and leave entertainment to Youtube. People get their free entertainment and the investors can still make money since oil stocks are likely to climb for the forseeable future. Okay the entertainment will mostly be Weird Al wantabes and uncle Simon getting hit in the nuts by a baseball but hey it'll be free and everyone will be happy.

    1. Re:The smart move by Chandon+Seldon · · Score: 2, Interesting

      There's no reason to expect that entertainment quality would degrade overall if the entertainment industry gave up and copyright law was abolished entirely. We'd lose out on Britney Spears songs, but with Britney's marketing dept out of the way others could produce similar product for the ad revenues from product placement in music videos. I don't think you really fear pop music getting more commercialized.

      Basically the only thing that wouldn't have a funding model is really high budget movies and video games. Perhaps that would give people an incentive to resort to such low-budget techniques as having a decent plot.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  10. Re:new zealnd by Mercedes308 · · Score: 0, Offtopic

    Would you like to give us some examples?

    --
    And no, I couldn't give a shit what my karma is.
  11. The iTunes store in NZ. by killjoe · · Score: 4, Insightful

    Recently apple opened up their iTunes store in NZ. On that very day the NZ govt passed a law making it legal for people to copy their music from one format to another. Before that it was illegal in NZ to rip your CDs to MP3 or any other format.

    Here is the odd thing. If it's now your right to be able to format shift the music you bought wouldn't any technology that prevents you from doing that be illegal?

    --
    evil is as evil does
    1. Re:The iTunes store in NZ. by Alsee · · Score: 2, Insightful

      Here is the odd thing. If it's now your right to be able to format shift the music you bought wouldn't any technology that prevents you from doing that be illegal?

      They way it works is that you don't actually get a "right" to format shift.... they merely made it "not copyright infringment" to format shift.

      And then they make it criminal to to do the decryption needed to be able to format shift. Note that they do not make it copyright infringment to decrypt, they make it just plain crimina.

      So it is not copyright infringment for you to format shift, but it is criminal to do the decryption you need to do to fromat shift. And it is criminal for anyone to give you the instructions on how to decrypt. So even if they do have some exemption somewhere saying it's not criminal to decyrpt for certain purposes, it's *still* criminal for anyone to actually give you the tool or instructions to be able to decypt it.

      So even when format shifting is not infringment, and even when decrypting is not criminal, it's still impossible because anyone supplying you the means/ability to do it is criminal.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:The iTunes store in NZ. by Trogre · · Score: 1

      Really? Could you please link to the act that made this legal?

      thanks

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    3. Re:The iTunes store in NZ. by jimicus · · Score: 1

      If it's now your right to be able to format shift the music you bought wouldn't any technology that prevents you from doing that be illegal?

      There is a difference between something being "a right" and something being "not wrong".

      IANAL, but AFAICT most legal systems work on the basis that you can do anything you like as long as it's not on the big list of things which are "wrong" - but that does not prevent someone else putting barriers to stop you doing something, as long as those barriers aren't specifically on the list of things which are "wrong".

      Generally speaking, laws making sure people have "a right" are fairly basic things left to constitutions, and cover simple things like "everyone has a right to a fair trial", or "everyone has a right to live peacefully, without fear of undue persecution by their neighbours or their government".

      Where things start to get complicated is where one law contradicts another without specifically saying "This law replaces the older law", or where the language used is open to interpretation.

    4. Re:The iTunes store in NZ. by logic-gate · · Score: 1

      Yes, I live in NZ and I don't recall hearing anything about this law. I think you are thinking about the law that this article refers to, which hasn't yet passed - it's still in the select committee stage.

    5. Re:The iTunes store in NZ. by Anonymous Coward · · Score: 0

      They way it works is that you don't actually get a "right" to format shift.... they merely made it "not copyright infringment" to format shift.

      And then they make it criminal to to do the decryption needed to be able to format shift. Note that they do not make it copyright infringment to decrypt, they make it just plain crimina.

      So it is not copyright infringment for you to format shift, but it is criminal to do the decryption you need to do to fromat shift. And it is criminal for anyone to give you the instructions on how to decrypt. So even if they do have some exemption somewhere saying it's not criminal to decyrpt for certain purposes, it's *still* criminal for anyone to actually give you the tool or instructions to be able to decypt it.

      So even when format shifting is not infringment, and even when decrypting is not criminal, it's still impossible because anyone supplying you the means/ability to do it is criminal.


      Not quite right (assuming you are referring to the proposed NZ law, not the American DMCA). First of all, the part about "it is criminal to do the decryption you need to do to fromat shift" is 100% wrong: the only offenses are in relation to supplying devices or information, so if you do your own reverse engineering and make circumvention code solely for your own personal use you're in the clear (unless you use it for copyright infringement). That obviously won't make a practical difference for most people.

      Then there is the part about supplying devices or information being illegal only if the supplier knows or has reason to believe that it is likely to be used to infringe copyright. Of course, give any general-purpose tools or information to the public and you can expect that somebody will use it to infringe copyright, unless the DRM in question reestricts only use and not wholesale copying.

      Next, the severe criminal penalties apply only to actions done "in the course of business", which would excludes many blackhats.

      Finally, there is specific provision for anybody who has a legal copy of a DRM-protected work and wants to make any non-infringing but DRM-impeded use of it to ask the vendor for help in doing so and, if such help is not given, get a "qualified person" to circumvent the DRM.

  12. I'm so pleased I voted... by vaughanf · · Score: 0

    Now I can freely complain about the people who elected these fools. And the fools themselves, of course.

    All I can really say is that if there's a way for the government to make money from this bill, it'll be home and hosed. Our government seems to be so heavily focused on revenue lately it's driving me insane.

    The police for example. If you call 111 (our emergency number) when, for example, somebody has broken into your house, you'll be told that there aren't any officers available, but somebody will be there to see you as soon as possible. Nevermind the fact that your life may be in danger. If this happens, all you need to do to find a police officer is find a speeding car. They'll be around writing out tickets. Guaranteed. In a few days time, you'll hear from an officer about the break in at your house.

    Not surprisingly, the number of violent crimes has increased dramatically lately.

    As for this bill, I can just see it going through. I can also see it being abused as far as possible. Our judicial system, it seems, is utterly clueless when it comes to technology, yet as soft as hot butter on people who have actually damaged lives with violent crimes (rape, murder/attempted murder, assault, armed robbery, etc...). Combine a bill like this with a judiciary system like ours and you will more than likely get a disaster. I can just see somebody getting fined heavily for using Linux if this bill is approved.

    Hopefully, we have enough people who'll stand up to legislation like this. God knows we need some sense from the government.

    1. Re:I'm so pleased I voted... by drsmithy · · Score: 1, Offtopic

      The police for example. If you call 111 (our emergency number) when, for example, somebody has broken into your house, you'll be told that there aren't any officers available, but somebody will be there to see you as soon as possible. Nevermind the fact that your life may be in danger.

      The proper response in this situation is say "fine then, I'll shoot him myself" and then hang up.

      You'll have cops swarming all over the place quick smart.

    2. Re:I'm so pleased I voted... by Bitsy+Boffin · · Score: 1, Offtopic
      If you call 111 (our emergency number) when, for example, somebody has broken into your house, you'll be told that there aren't any officers available, but somebody will be there to see you as soon as possible.


      Please don't mod this trolling right winger up.

      The NZ Police Force are actually very good. Like any organisation of size they do have the occasional hiccup, but 99.9% of the time they do an outstanding job, often above and beyond thier call of duty. I would gladly take the NZ Police Force over any other country's in a heart beat, and more often than not that's about how long it takes for the NZ Police to attend a call out.

      The same goes for our other emergency, search and rescue, and indeed general health services.

      As for the DMCA-like bill, as has already been mentioned, this is only going to select committee, our elected representatives felt that it is important enough to warrant some investigation, debate and public comment before they make up thier minds.
      --
      NZ Electronics Enthusiasts: Check out my Trade Me Listings
    3. Re:I'm so pleased I voted... by vaughanf · · Score: 0, Offtopic

      Please...

      It sounds as if you've not had to deal with the police recently. At least not where I live. While I've spoken to many excellent officers, I've seen a number of instances where the response of the police has made me furious that my tax dollars have to pay for the system we have in place.

      My brother had a car smashed in front of his house. The police couldn't have cared less. The next day my brother was held at knifepoint. Turns out it was the same lot that smashed the car up. Excellent police work there. Really serving their purpose of protecting the public.

      Driving home from a late night at work one night, a drunken idiot threw a bottle through my car window. They took off when they got a look at me (I'm assuming they thought I was somebody else). I went to the police to complain about it and the officer on duty at the station, after looking up from his magazine, told me that they were far too busy to do anything about it, that it was a petty complaint, and if I wanted to sort it out, go find the guys who did it and sort them out myself. Again, excellent police work.

      Let's not go into the cases like the young girl up north who had a taxi sent instead of a police officer. That was plainly avoidable and it all happened because, surprise surprise, the police were too busy. And then there's the rape trials that had to be held recently (and, acquitted or not, I feel they were bloody disgraceful). And the pornography issues within the police force. You seem to be ignoring all of these issues.

      But, I'm not going to claim that the entire police force are corrupt. I have dealt with perhaps three officers that have really irritated me and led me to file formal complaints. I have, in fact, dealt with some officers who were very professional and I would assume that they represent the majority. Perhaps you don't realise, but the basis of my complaints centre around what the police seem to be doing most of the time, or, more succintly, what they were ORDERED to be doing. Perhaps you've not noticed that there're more and more violent crimes reported in newspapers every day? Perhaps you've heard about the youth gangs building up in South Auckland because the police haven't the resources to keep them in check. There's only one place to look if you want to know why. The orders the police receive must be followed, since they've taken an oath to the Queen. And I wonder where those come from... If you do speak to a police officer on duty, you'll likely find they're very stressed as well. Do you get the feeling that any of this is pointing somewhere?


      So before you go calling me a "trolling right winger", please check that you're not speaking entirely on opinion or hearsay. The problems facing the New Zealand Police are well documented in the media here.

    4. Re:I'm so pleased I voted... by clickclickdrone · · Score: 1, Offtopic
      The proper response in this situation is say "fine then, I'll shoot him myself" and then hang up.
      Which may be fine in yor country but in the UK you can be jailed (and people have been) for using undue force in their own homes for attacking burglers.
      --
      I want a list of atrocities done in your name - Recoil
    5. Re:I'm so pleased I voted... by Jardine · · Score: 0, Offtopic

      Which may be fine in yor country but in the UK you can be jailed (and people have been) for using undue force in their own homes for attacking burglers.

      That's why you have to give them an option such as "Cake or Death?". If there's enough of them, eventually you'll run out of cake and then their only option will be "or Death". A smart robber will have the chicken if it comes down to it.

    6. Re:I'm so pleased I voted... by Anonymous Coward · · Score: 0

      Driving home from a late night at work one night, a drunken idiot threw a bottle through my car window. They took off when they got a look at me (I'm assuming they thought I was somebody else). I went to the police to complain about it and the officer on duty at the station, after looking up from his magazine, told me that they were far too busy to do anything about it, that it was a petty complaint, and if I wanted to sort it out, go find the guys who did it and sort them out myself. Again, excellent police work.

      A friend of mine was assaulted. She was walking home from the pub, when a guy tried to smash her head in with a rock - most likely hoping to knock her out and rape her. She's a tall girl, and when she stood up from being hit, the short guy ran away.

      30 minutes later, the police officer at the station basically said some very insulting stuff about her condition (she had been drinking) and that it was too much effort for them to investigate.

      Of course, a formal complaint was laid with the Police about their conduct. They had the officer's name, and the time that the event occurred. You'd think they'd be able to track down who was on the desk at the time, but no. "We have no officer by that name working here," was the official report.

    7. Re:I'm so pleased I voted... by drsmithy · · Score: 1

      Which may be fine in yor country but in the UK you can be jailed (and people have been) for using undue force in their own homes for attacking burglers.

      I'm not suggesting you actually shoot someone. I'm pointing out - tongue in cheek - that if you say something like that, the place will be swarming with cops in minutes.

    8. Re:I'm so pleased I voted... by BiggerIsBetter · · Score: 1

      So before you go calling me a "trolling right winger", please check that you're not speaking entirely on opinion or hearsay. The problems facing the New Zealand Police are well documented in the media here.

      You sir, deserved to modded better than that. Our government has to change... the police force is one symptom of our sick leadership, and this new bill being debated is just more one of many, many other examples.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    9. Re:I'm so pleased I voted... by Anonymous Coward · · Score: 0

      Just be glad it's not ACT, or National as they were a few months back: they've had crawled up the backsides of the media industries faster than you could imagine.

      (Consider this: ACT were the only ones who voted against unbundling the local loop. Friend to big business, indeed.)

    10. Re:I'm so pleased I voted... by pnot · · Score: 1

      Personally, I like my robbers like I like my coffee -- covered in bees.

  13. Re:New Zealand is a country of 4 million people. by edwardpickman · · Score: 4, Interesting

    It gets attention because it's a western country with an above average interest in technology. I lived for seven months in New Zealand and six months in France, I'm a Yank myself. I found New Zealand on pare with France and England and the US as far as access and interest in technology. A lot of those 121 countries lack the access to technology that New Zealand, Europe and the US have. Not surprising there's a lot of references to New Zealand. I'm sure english speaking doesn't hurt as well. Even in Europe english speakers aren't as common as you'd think. When I was in Spain I found when they realized It didn't speak Spainish well they'd try French or Italian but few spoke english. English may be considered the current world language but a large number of people still speak little or no english. People forget but at one time French was considered the world language. One day I'm sure it'll be something else. When Slashdot is mostly Chinese they'll still be wondering why there are so many New Zealand references.

  14. Re:Boooooooo! by Anonymous Coward · · Score: 0

    They want and need these DMCA like legislations to add additional ways to protect and distribute copyrighted material in this new age, the Digital age. Go on and on all you like about how P2P and other bootlegging activities actually 'increase' the value of music and artists and bands and such, it doesn't change the facts that:
    1. copyright DOES exist
    2. it exists for good reason (we couldn't have the GPL without it)
    3. creators have the right to control the distribution of their works
    4. and what we are doing IS illegal.

    ANALOGY: If you and your lover made a couple personal videos of you having sex for your own personal amusement then somebody stole one of those videos and distributed it online would you be alright with that? How about if they argued that what they did was actually good because people then would want to pay you money for your other videos?

    YES, I KNOW what they are trying to pass is usually excessive, suppresses some or all of our existing rights, AND YES I know they are all actually "evil, fascists dictators at heart", but can anyone here give me a way to keep all of our rights (fair use) while effectively stopping the problem of illegal distribution, bootlegging etc? NO? Well until then they will continue trying the only methods they have of trying to rightfully protect their copyrighted works. What else do you expect them to do?

  15. There is some good as well as bad by kiwi_mcd · · Score: 4, Informative

    From my blog:

    My notes I posted to mailing list reproduced on this:

    Here is the major announcement from the government:
    http://www.beehive.govt.nz/ViewDocument.aspx?Docum entID=28024

    and the actual proposed legislation is here:
    http://www.parliament.nz/NR/rdonlyres/5A88D15B-C4A 1-42C2-AE75-9200DD87F738/48250/DBHOH_BILL_7735_401 93.pdf

    Some quick highlights as I read the act: (Note I am not a lawyer)
    - Reverse engineering IS allowed under some circumstances - basically for interoperability
    - format shifting is allowed but only initially for 2 years, this can be extended though (or not)
    - time shifting is allowed provided you don't keep it and it's not available on demand
    - ISPs are basically not liable (provided they follow take down notices)
    - allowed to alter commercial software if the vendor doesn't fix problems in reasonable time
    - anti-TPM (DRM via another name) is prohibited for sale or for producing (seems to cover open source). Fines of $150K or 5 years jail. Doesn't seem to prohibit if you have a copy but you can't write it yourself, sell it or tell others about it. Does make it an offence if you use it to copy copyrighted material. But you are allowed to use anti-TPM for "interoperability of software" so conceivably you could use software to play Itunes or DVDs on Linux. But this only applies if
    you have asked vendor for a copy you can use and they don't supply in a reasonable time.

    Overall this seems to be much better than DMCA of the USA but not perfect. It is probably better than people could have hoped for.

    Ian

    1. Re:There is some good as well as bad by thesupraman · · Score: 1


      And where in there is fair use protected?

      Where exactly are the provisions allowing me to make backups of the media I *paid* *for*?

      DRM is a method of breaking the social contract whereby society agrees to police the rights of 'rights holders' in return for the eventual access to the created entity. Why should be put protections in place for that DRM?

      It is of course already exactly as illegal to break copyright as it has always been, why are we looking at introducing another level of protection for only one side of the equation?

    2. Re:There is some good as well as bad by Hydroksyde · · Score: 1

      And where in there is fair use protected?

      New Zealand doesn't have a broad "fair use" doctrine, just specific exceptions to standard copyright law (currently including backing up computer software, and time shifitng TV shows). I'm not saying this is a good thing (beats having an indefinite "pay for a license or pay for a lawyer to argue fair use" thing though), but it's not surprising that this law has no broad fair use provisions.

    3. Re:There is some good as well as bad by Anonymous Coward · · Score: 0

      his will conflict with other NZ laws:-
      Right of first sale doctrine
      Compulsory warranty period for consumer goods - so MS saying they don't support it is not quite legal.
      Deliberate misreprensations. How can the software be 'copyright' if the DRM component is copyrighted - or patented by somebody else - or part of a standard ?
      Breach of privacy laws: Transmitting or collecting information 'behind your back' is unlawful.
      Failure to lodge said copyright material with a library. If bits are retained on a server - it is a partial work.
      Computer Misuse act: Some software secretly breaks the integrity of the system has a whole.

      Rights have responsibilities. If they must pass DRM, lets have fines of $20 million per day, and mandatory support fines, with instant fines against the vendor - the Sony rootkit comes to mind.

      Oh and security and academic researchers not chucked in the clink for bonafide study or fair comment.

      And anti-DRM legal where the vendor did not, or is unable to supply fixes - so people who blab how to un-install Norton are not punished.

      While here, lets revist the Monopoly or trade restraint act.

    4. Re:There is some good as well as bad by slothman32 · · Score: 1

      time shifting is allowed provided you don't keep it and it's not available on demand I regularly tape, er DVR, stuff hear that is ODable. For premium, for example.
      Half the stuff I tape is for time-shifting reasons.
      I wonder what the media company would say about it.
      Considering they advertised time-shifting as a reason to rent the DVR I doubt they would like it.
      Whether they "invested" in our DMCA I don't know but I can guess they wouldn't sell/rent many DVRs, read none, if that applied.
      --
      Why don't you guys have friends or journals?
  16. Re:1st by Spayden · · Score: 0, Offtopic

    These comments towards New Zealanders aren't exactly justified. Sure, we farm sheep, a lot of sheep in fact. If you are are an anti-New Zealander Australian, then maybe you should consider this: 1. The Australian government bans our apples - this is due to the Australian government fearing the high level of quality of our apples, and the fact that local Australian growers simply can not compete. 2. The Australian government has strict controls on our lamb exports in order to protect the dwindling local lamb market in Australia, Australian lamb isn't that good, and this fact has been recognised. 3. The All Blacks fucking kicked the shit out of the Wallabies all year. 4. We have sent 60+ fire fighters over to Australia to help our with your bush fires. So stop giving us a hard time, maybe you should realise that although we don't have the highest population, we are an extremely productive nation given our size, and that we also will not stand down very easily. Oh, and one last thing... I'm looking forward to the rugby world cup next year in France. It shall be a Wallaby thrashing good time :)

  17. Re:new zealnd by Anonymous Coward · · Score: 1, Informative

    http://yro.slashdot.org/article.pl?sid=06/07/06/05 4240&from=rss Australia's own DMCA.
    http://www.murdoch.edu.au/elaw/issues/v11n3/beyer1 13_text.html People suing and winning against a publisher in another country, over what was said about him, as it was viewed in Australia it was valid.
    and how about http://www.smh.com.au/news/web/copyright-ruling-pu ts-linking-on-notice/2006/12/19/1166290520771.html and today we get no linking to copyright material.

    Don't get me wrong, Australia is doing very well, but it is backward compared to new New Zealand when it come to the internet.

  18. Re:1st by lendude · · Score: 0, Offtopic

    Shut up - and enjoy our Ring Tailed Possums :)

    --
    "Get off the cross - we need the wood" - Tori Amos
  19. Re:Boooooooo! by packeteer · · Score: 2, Insightful

    4. and what we are doing IS illegal.

    Speak for yourself. I like to legitimatly reverse engineer all kinds of stuff for hobby as for a living. The DMCA is the biggest source of stress in my life and i have 2 teen-age daughters.

    --
    unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
  20. Don't click that link at work by Anomolous+Cowturd · · Score: 0, Offtopic

    Or anywhere else.

    --
    Software patents delenda est.
  21. Re:New Zealand is a country of 4 million people. by Petrushka · · Score: 0, Offtopic

    New Zealand is a country of 4 million people. It gets a lot of attention on Slashdot because people speak English there.

    Even so, this news is obviously of interest to you, since you're bothering to post a comment. This news is certainly of interest to me, since I live in NZ. The population may be small, but there's no shortage of NZers reading Slashdot. In any case, population-size and newsworthiness don't always go hand-in-hand: if they did, nearly 20% of /. articles would be about things going on in China.

  22. Re:new zealnd by Mercedes308 · · Score: 0, Offtopic
    Honestly, mate, you sound like a bit of a hand wringer yourself.

    The cops do have guns, in their cars. They choose rightly not to bandy them around in public. The British incidentally do the same.

    In regards to age of consent. Do you find it objectionable to not be allowed to have sex with someone younger than 16? Or 18 if you are a legal guardian?

    The airline one is indeed a stupid law.

    I'm not trying to be a kiwi apologist, but your points are completely bogus and misleading. I split my time evenly between Aussie and NZ and I normally find NZ to be a lot more liberal in general. All countries have their seemingly idiotic laws, New Zealand just doesn't strike me as being exceptional in regards to this.

    --
    And no, I couldn't give a shit what my karma is.
  23. Hypocrisy by Maelwryth · · Score: 1

    The New Zealand government has bugger all interest in property rights. As far as I can tell, the current morality is something along these lines. If you steal a car, then you are a criminal and the car is not your property or the property of any you sell it to. If the government steals a car, then it is their car and they can damn well do what they want with it.

    The government does not give a damn about property rights. They are just doing a deal with someone in return for something else. In this case, I would imagine they have been offered a slice of someones pie and/or are being pressured by Maori to protect their culture. I can't see there being a huge problem with p2p uploading in a country with a largely 128kbs upload rate.

    Personally, I wish they would shaft the music industry in New Zealand and the rest of the world. I like a good sing-along, and think the music should be made because we want to, not for money.

    --
    I reserve the write to mangle english.
  24. Is it really a bad thing? by femto · · Score: 2, Interesting

    The more I think about it, I'm coming around to the idea that the DMCA (and its ilk) might not be the end of the world.

    Think about it... What would your reaction be if you were in business and your chief competitor cut their own legs off at the knee caps? Would you view it as a bad thing?

    Now recast that as RIAA and friends vs. Creative Commons and friends. Surely the DMCA will only serve to drive people towards the Commons?

    So in the absence of the abolition of copyright, perhaps copyright+DMCA is a better position for the producers of Free content than copyright-DMCA? Think of the DMCA as the equivalent of the GPL's "liberty or death" clause, applied to the RIAA's content. The DMCA ensures that non-free content will die, leaving Free content to take its place.

    1. Re:Is it really a bad thing? by crosbie · · Score: 2, Insightful

      That's right. Anal retentive publishers using the DMCA restrict themselves and their art into obscurity, whilst libertarian artists emancipate their fans, proliferate their art, and reap the audience adulation.

      If you don't want the public to have your art, don't publish it.

      The notion that the artist has a human right to prevent their published art being copied is a myth - it is, and always has been, an artifical monopoly created out of incumbent commercial interest.

      If artists wish compensation, there's nothing stopping them making a deal with their audience directly: Art for money, money for art. This does not require copyright, patents or the DMCA.

    2. Re:Is it really a bad thing? by atomicstrawberry · · Score: 1

      Surely the DMCA will only serve to drive people towards the Commons?

      This might be the case if Joe Average wasn't an utter moron. The issue here goes further than just government and legislation. The problem is that Joe Sixpack will still continue to buy the stuff. He'll probably bitch and complain a little bit about the inconvenience at some point, but he'll continue to pay for it, validating the media companies' business models and continuing to allow them to make obscene profits and use that money to pass more laws in a vicious cycle.

      Never underestimate the stupidity of people in large groups.

    3. Re:Is it really a bad thing? by westlake · · Score: 1
      Think of the DMCA as the equivalent of the GPL's "liberty or death" clause, applied to the RIAA's content. The DMCA ensures that non-free content will die, leaving Free content to take its place.

      I am thinking.

      I am thinking that in ten years I haven't heard one word spoken about the GPL outside the insular domains of techie forums like Slashdot. That the "liberty or death" rhetoric so freely spun out here has no resonance with end users.

      Farewell, Napster. Hello, iTunes for Windows.

      I am thinking that Free content is as unlikely to displace Batman, James Bond, Harry Potter and Captain Jack Sparrow in the public's affections as I am to win the tri-state lottery.

  25. Re:Boooooooo! by Anonymous Coward · · Score: 0

    I meant the part where people make perfect copies of the copyrighted content and then distribute it online. I speak for everyone when I say THAT is illegal. My analogy should have made that clear.

  26. I agree that Australia is over-represented. by Futurepower(R) · · Score: 0, Offtopic

    I agree that Australia is over-represented, or discussed out of proportion.

  27. Well lets do something about it. by kzadot · · Score: 0, Offtopic

    Hi,
    I am a kiwi, who has been living overseas for 6 and a half years, and I used to vote libertarian. Anyway, I am coming back soon, because I find Europe to be too socialist for my tastes, and will be looking into starting a new political movement based on Freedom. It will be partially based on the Libertarianz, and partially based on the "Pirate Parties".

    The issues I have with the Libertarianz are:
    I dislike the fact they specifically include "intellectual property" as deserving of the same sort of protection as physical property, fair enough, but this is specifically listed in their constitution as an non negotiable policy of theirs, whereas I see the extent that "intellectual property" is to be protected as an issue to be dealt with normally as legislation dealt with in Parliamentm (and personally dont see the point in intellectual property laws at all, although I wont enforce my personal beliefs upon the party I would be interested in helping to create).

    I find their over the top America-worshipping symbolism (statue of liberty etc) distasteful and frankly bizarre as a I dont actually percieve the current America to be particularly more free than the current NZ. Its a huge turn off to most especially young Kiwis who recognize the USA as being rather far from an ideal role model for NZ.

    Their press releases, website, policies etc are worded in an over the top inflammatory way which reduces their credibility.

    They intend to totally reform the NZ political system by introducing a constitution, which is too ambitious for a nation like NZ, whereas I would prefer to work within the current MMP framework, either as part of the opposition, or a coalition partner, at least initially. Lets face it, the Labour Party and Helen Clark havent done that terrible a job, NZ in general is better suited towards slow gradual improvements rather then anything too radical and revolutionary, and many people are in fact happy with the current level of socialist meddling in private lives. However I believe just as many people are interested in opposing such meddling, and thus would like to see a party in Parliament address those peoples needs.

    They base their politics rigidly on the philosophy of objectivism which I dont believe is especially productive. Most political issues are after all fairly subjective, and the truely objective issues are mostly self evident and fairly common sense and represented by values that are upheld by most parties anyway.

    Anyone who wants to be a part of this please get in touch.

  28. Re:New Zealand is a country of 4 million people. by nickrout · · Score: 2, Informative

    Don't forget this bill also legitimises the age old practice of placing your cd's onto your mp3 player, which is currently illegal here.

  29. Re:1st by goldenak · · Score: 0, Offtopic

    Thats the Brush Tailed Possum and yes I do enjoy shooting your 'ironically' protected species, which now have a population in NZ of over 70 million.

  30. Re:New Zealand is a country of 4 million people. by Petrushka · · Score: 1

    ... which is a good thing. On the other hand, it looks to me as though it could perhaps make it a criminal offence to own a region-free DVD player. Maybe not (I'm not enough of a lawyer to be able to read beyond the introduction to the bill), but region-coding doesn't seem morally different from "technological preventions measures" to me.

  31. Re:New Zealand is a country of 4 million people. by goldenak · · Score: 1

    I think thats why a lot of the cheaper DVD players came with a 'secret' pin code to unlock the region free. These players were imported into NZ defaulted as zone four to keep everything legal.

  32. Winner-takes-all, seed of scum politics by Anonymous Coward · · Score: 0

    >> it DOES NOT MATTER, because the two big parties rule the country anyway

    Yes, that's exactly the case, and it's like this almost everywhere.

    Winner-takes-all is almost universal today because it ensures that the majority parties stay in power almost all the time. It's an institutionalized distortion that parties absolutely love, because it provides a rotating meal ticket for life.

    That mechanism is the seed of this worldwide corruption of politics that we're seeing, because it turns the goal from "represent the people" to "represent the party", and everyone else is marginalised.

    And that's a good definition of "scum politician" as any: a politician who represents his party instead of representing the people who voted for him. You can't be both, because they are in direct conflict with each other.

    Hence, "scum" is right on the mark, in > 99% of cases.

  33. Re:KIWIS FUCK SHEEP by rdoger6424 · · Score: 0, Offtopic

    But they actually have WMDs! They have to get rid of them before we can invade.

    --
    "Hello 911? I just tried to toast some bread, and the toaster grew an arm and stabbed me in the face!"
  34. The States as well... by UncleRage · · Score: 1

    We're here with you.

    Current legislation is due to pass in NY concerning the downsizing of hospitals. We have a small, financially efficient, hospital in our little village that is due to be downsized... unless our legislators vote against the bill.

    No vote means passing by default.

    And it's over the Christmas holidays.

    I suppose we'll all be driving 30 to 40 miles for the nearest hospital, or paying an extra $2k for an ambulance roll out.

    Yay Democracy?

    --
    #SickNotWeak
  35. But most countries don't have a DMCA by msobkow · · Score: 2, Insightful

    It's easy enough to claim "most countries that have a DMCA" when there are very few examples, and only one original.

    It's as specious as the US DEA argument that there is no valid research in the United States demonstrating medical use of cannabis, while other US departments prevent any such research from being done. Catch-22. It's Schedule I because there is no documented medical use; there is no documented medical use because it's illegal to research.

    Technically the viewpoint and phrasing is correct: there is no such research in the US. But there is in the rest of the world.

    --
    I do not fail; I succeed at finding out what does not work.
  36. My Personal favorite DMCA abuse by rsilvergun · · Score: 2, Interesting

    is Playstation 2 Memory cards. 8 Mb of flash ram for $25 bucks. Why? Because of what Sony affectionately terms "Magic Gate", a really basic system of controls for what can and cannot be copied from a memory card. Thanks to this stuff triggering the DMCA, we get no 3rd party Memory cards (except the Nyco ones, that are also $25 dollars). This kind of stuff is what the DMCA is all about. It's about giving companies absolute legal control over their products. Hell, Lexmark tried to use it to keep 3rd party printer cartridges off the market, and I'm still convinced the only reason they didn't succeed is the judge didn't want to have to pay more than he already was for the damn things.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  37. So almost none have RTA by delt0r · · Score: 2, Interesting

    So I have just read the whole thing. Takes a while. Anyway this is a long way from DMCA. Fair use is fully protected and now we have fair use (we didn't in NZ untill now). For NZ its a big step forward IMO.

    Now when I say fair use I mean you are alowed to use cracks etc if the DRM is preventing fair use. You are can also distrubute these cracks providing you have ensured that its only going to be used for fair use provisions. Its by far the best "DMCA" i have seen. You are even able to decompile code to create interoperable products and the EULA cannot deny that right.

    But its not perfect. I would like to see DRM vendors forced to respect fair use. And format shifting is for 2 years unless extended. There is also no expcit right to produce backups.

    --
    If information wants to be free, why does my internet connection cost so much?
  38. Re:Boooooooo! by Kjella · · Score: 1

    The DMCA is the biggest source of stress in my life and i have 2 teen-age daughters.

    Something tells me you know waaaaaay too little about what your daughters are doing.

    --
    Live today, because you never know what tomorrow brings
  39. Re:1st by Anonymous Coward · · Score: 0
    So stop giving us a hard time, maybe you should realise that although we don't have the highest population, we are an extremely productive nation given our size, and that we also will not stand down very easily.


    You will sit down and shut the fuck up. Exactly what have you done about the apple situation? I'll tell you what you've done, you've gotten your arses handed to you on a silver platter. You're in a league with Belgium with respect to whinging too much despite being an inconsequentially small country of nil importance.
  40. Re:Winner-takes-all, seed of scum politics by Anonymous Coward · · Score: 0

    I think you didn't understand my post. In Germany we don't have winner-takes-all, yet the small parties matter just as much as they do in other countries. Ok, they might have 10% of House seats instead of no seats, but trust me, it doesn't matter a bit, because the same big parties (program-wise) still have the majority (thanks to voters!).

  41. Re:Boooooooo! by TheLink · · Score: 1

    Maybe it's because he knows (from his logs) his teenage daughters are spending hours downloading music, and he's worried that with the crackdowns etc they'll stop and start doing other things instead ;).

    --
  42. Digital music by s0lar · · Score: 1

    So, how does if effect my bittorrent downloads?

  43. Re:New Zealand is a country of 4 million people. by dreamlax · · Score: 1

    That's what I was told when I worked in retail. The Teac and LG sales reps told me that it is illegal to import or sell DVD players that are not zone 4 in NZ, but it is not illegal to sell them with instructions on how to change the zone. Hence, every Teac DVD component comes with instructions, and from memory, it's "Eject tray, Setup, Volume Up, Volume Down, Volume Up, Volume Down, Mute". For most LGs it is eject the tray and press 1 six times on the remote.

    Most Teacs had a little blue or green piece of paper with the instructions on it, but the LGs I had to tell the customers when they bought them.

  44. Re:1st by Xybot · · Score: 1

    ... but of course the Australians are still quite happy to claim our television programs, music, art and scientific achievements as their own.

    --
    God was my co-pilot, but then we crashed and I was forced to eat him.
  45. Re:New Zealand is a country of 4 million people. by Petrushka · · Score: 1

    I find that astonishing, given that it's hard to find a DVD player in a shop that doesn't have "multi-region" or "region-free" written on the box! Well, if you hang out in shops like the Warehouse or DSE, that is.

  46. So you think this law is "reasonable"? by nzgeek · · Score: 1
    All of the replies claiming that this law is reasonable, I think have overlooked a few key things:
    • The Ministry of Economic Development has previously stated that it's not the Government's place to protect TPMs (aka DRM). This position has changed. Why? My guesses: free trade, WIPO, Apple.
    • The one good change (format-shifting allowed for fair use) has an automatic 2 year sunset clause unless it is specifically extended. WTF!? Do the backers of this bill know something that we don't about a new format being available in 2 yrs that they want to prevent shifting to?
    • Format shifting can be denied by a EULA. Expect to see little sealed stickers on CDs and DVDs saying "opening this case binds you to our contract which disallows format shifting"
    • You're only allowed to crack DRM for fair if you first ask the supplier to remove it for you, and wait for a resonable time for them to respond (1 month? 1 year? what's reasonable? Could Apple just say "yeah it's coming in release n.1"?).

    1. Re:So you think this law is "reasonable"? by Dubwise · · Score: 1

      All of the replies claiming that this law is reasonable, I think have overlooked a few key things:

      All good points. And the interesting thing is that while the format-shifting exception has been there since the first discussion document in in 2001, the anti-circumventiontion stuff came in relatively late and has not been well justified. The impression is that the change is a result of lobbying from (a) music industry interests, who strongly opposed format-shifting, (b) US trade interests (there is a desire for a FTA with the US). This is a shame, because NZ's policy development in these areas is generally pretty good, and certainly much better than Australia's. I compiled a timeline here:

      http://publicaddress.net/default,3778.sm

      Also, our Rastafarian Green MP made a pretty savvy speech:

      http://publicaddress.net/default,3802.sm

      As others have noted, the bill now goes to select committee, where it will undoubtedly be amended. The question is how and how much.

  47. Online petition against DMCA equivalent in NZ by einhaender · · Score: 1

    There is an online petition against the Copyright (New Technologies and Performers' Rights) Amendment Bill. This should probably have been part of the original post. If you live in New Zealand or are a New Zealand citizen or permanent resident, please do consider signing the petition. Thank you.

  48. The sad road by violet16 · · Score: 1

    That apparent paradox is the key to the media companies' strategy.

    It used to be media companies were content to simply abide by copyright law. If someone broke copyright law, the companies would go after them. But aside from that, we customers could do what we wanted with their products.

    Then technology made it increasingly easy for people to break copyright law, and harder for media companies to find out who broke it and stop them. So they started implementing technology of their own: copy protection.

    Naturally, this was poorly implemented and caused more trouble for real customers than for pirates. But the media companies realized it was very useful, because it allowed them to separate what people were legally entitled to do from from what the companies let them do. So media companies grew to rely less on copyright law -- which provides a relatively small set of prohibitions -- and more on physically preventing customers from doing anything the media companies didn't like.

    Because the technology was still pretty crappy, people could crack it. So the media companies lobbied governments to make cracking these technologies illegal. And here's the really sneaky part: they didn't just get protection for technologies that prevented copyright infringement. They got protection for pretty much anything they can dream up. All they need to do is bundle it all together and claim it's meant to help protect copyright.

    The end result: media companies can effectively write their own copyright laws! They decide what they want to allow us to do and what they want to prohibit, they implement a technological measure to this effect, and it's illegal for anyone to circumvent it. They've ended up with the best of both worlds: the ability to dictate terms to customers how they use their media, and the legal right to enforce compliance.

  49. Re:Boooooooo! by openright · · Score: 3, Informative

    Probably you are a troll, but I will bite.

    1. copyright DOES exist

    It was 14 years long for books originally. You should probably look at the motivation for the original laws and compare it against publishing monopoly abuse that existed prior to that.

    Are books now so advanced that a 95+ year monopoly is needed to encourage people to write them?

    There is no real justification for a monopoly that last a century and/or beyond a persons life-span.

    2. it exists for good reason (we couldn't have the GPL without it)

    The GPL, Open Source and Creative Commons are reactions to the effective termination of the Public Domain. Specifically, GPL is a reaction to copyright law that does not fit software. Software is obsolete in 10 years, and in 95 years, when public domain, the software is only available in binary form.

    3. creators have the right to control the distribution of their works

    It's not the "creators" that are worrisome, it is publishing collector companies that expect to buy and "own" information, even of the dead, and profit from it forever.

    Creators should expect a system that compensates people for new invention.

    There is no eternal publishing right. It was intended to be a temporary monopoly that encouraged people to innovate.

  50. Re:New Zealand is a country of 4 million people. by dreamlax · · Score: 1

    Panasonic come only in Zone 4 in NZ, and the only way to re-region them is through a special infra-red remote. Sony do it a similar way. On their boxes they boast "multi-format" playback, but never multi-region. Even on Teac and LG, the cheaper ones, they still only state "multi-format", which most people interpret as multi-zone.

  51. Re:Boooooooo! by Anonymous Coward · · Score: 0

    I am not a troll and I do know that copyright was originaly only 14 years. However, if you look at the situation with music and movies being distributed illegally (P2P programs and such) you will see that 90+% of the content isn't even 10 years old. I agree with you that copyright is ridicously long, but I would guess you agree that it should exist at least for a little while.

    The GPL is not exactly 'public domain' That is more BSD. There is a big difference and both serve their purposes. I agree with you and everyone else that the RIAA and MPAA and all the other 'IAA are evil, but that doesn't make it OK to go around ignoring copyrights.

  52. A Few Typos in The Post by Bob9113 · · Score: 1

    New Zealanders interested in fighting this legislation have until the 16th of February 2007 to make submissions to the Select Committee, before the committee makes its recommendations and sends the Bill back for a second reading."

    Should read:
    New Zealanders interested in fighting this legislation have until the 16th of February 2007 to piss into the wind, before the committee rubber stamps the bill and collects their brand new sailboats from NZRIAA/NZMPAA.

  53. The Problem is....... by Blue_Wombat · · Score: 1
    That:

    1. That the NZ Government is basically the most corrupt that the country has ever had, including under Muldoon (for examples, look up the recent media stories on the PM forging works of art for sale, the PM dodging speeding convictions for a high-speed motorcade to a sports match that would have landed anyone else in Jail, the ruling parties blatant breach of election spending laws, and in the Auditor-Generals clear report the blatant misuse of public funds for political purposes, and using its control of law enforcement to dodge prosecution)- actually the Fijian solution looks kinda acceptable at this point

    2. That the PM is arts-mad (banned the commercial parallel importation of legit DVDs when lobbied by the industry, lets people on welfare dodge work if they are engaged in artistic or creative endeavour), spends a bunch on arts, and will make a speech at the opening of a door if the arts are involved.

    3. That the ruling party is flat-broke and desperate for cash, whereas the other main party is recieving a lot of donations - hence frantic government efforts to legislate for state funding of political parties and clamping down on private donations which they don't get many of now (see corruption above). Thus they are probably going to be very receptive to lots of little men in black suits from Sony et al with suitcases full of cash for bribes ^H^H^H^H errrr contributions.

    When you add all these things up, there is probably zero chance of them standing up for the freedoms of citizens. Still, we should all put in submissions nevertheless, even if they are in vain at least they cant say that there were no objections.

    Oh, and just as a tip, submissions can be emailed and letters to Members of Parliament don't require stamps - a little quirk of the NZ postal regs.

  54. This is what happens by d_54321 · · Score: 1

    Listen up America! This is what you get when you aren't politically active enough in letting your representative know what you want.