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New Zealand's Recording Industry CEO Tries to Defend New Draconian Law

An anonymous reader writes "Campbell Smith, CEO of the RIAA equivalent in New Zealand, has written an opinion piece for one of New Zealand's largest daily papers, in which he tries to justify the new 'presumed guilty' copyright law. This law allows recording industry members to watch file-sharing activity and notify ISPs of users who are downloading material. The copyright holder can then demand that an ISP disconnect that user — without the user ever having a chance to demonstrate their evidence."

12 of 269 comments (clear)

  1. What a coincidence by sakdoctor · · Score: 5, Insightful

    I presume politicians are corrupt until proven honest.

    1. Re:What a coincidence by interkin3tic · · Score: 4, Insightful

      I presume politicians are corrupt until proven honest.

      I presume CEOs aren't really politicians, although they usually own a few ;-P

    2. Re:What a coincidence by skuzzlebutt · · Score: 5, Insightful

      I presume they are all corrupt until they run for office again and I forget everything I've learned over the last two/four/six years.

      Sometimes a democracy seems like a bad relationship that you just can't shake...you know you're being lied to, but we manage to convince ourselves over and over that a psychotic date is better than no date at all.

      --
      My debut novel AMITY now available: http://jeremydbrooks.c
  2. Why not lower prices? by mangu · · Score: 5, Insightful

    The recorded music industry has been working hard to find proportionate and reasonable solutions to tackling online copyright infringement. In some countries, labels have taken legal action against users who have uploaded infringing music to the internet without permission for millions to download without payment. We believe section 92A is a better solution for everyone.

    I, OTOH, am able to do simple math. Multiply the $0.99 price that's typically charged per on-line song by the 15 tracks one finds in a typical CD and you get the same $15 one pays for the CD. Add the hassle of burning and dealing with DRM.

    If people don't want to buy CDs at $15, then why do they think people would be willing to pay the equivalent of $15 for a CD online?

    Charge reasonable prices and the world will beat a path to your door.

    1. Re:Why not lower prices? by DomainDominator · · Score: 5, Insightful

      They're a monopoly, and are gouging the consumer. If anywhere we need the DOJ antitrust working overtime it's against the RIAA.

  3. Not wild west, but somewhat feudalist by MikeRT · · Score: 5, Insightful

    The copyright lords don't need to get a court involved to impose sanction. Their firm allegation is all that is needed under this system. The commoner is punished, and then must go to a court to prove that the nobility were mistaken.

    People who like quick solutions and big government involvement don't like the rule of law and due process because they get in the way of accomplishing the "greater good." Ironically, the greater good is generally a myth, and if you look behind one group asking another to sacrifice its rights for the "greater good," you'll usually just find some selfish, self-centered individual who profits.

  4. The obvious justification by Anonymous Coward · · Score: 5, Insightful

    The data-transfer capabilities of the Internet weaken the foundation of the artificial scarcity upon which we have built our cartel. Without the ability to forcefully stop people from sharing their resources directly with one another, we will not be able to stand as a distributive barrier between those who have talent and those who want to enjoy that talent, which in turn means we will no longer be able to create and artificially inflate revenue streams from other people's creative efforts.

    In order to ensure our continued relevance in the face of technological advances which displace us, and to ensure our continued ability to extract large sums of money without contributing anything of value (or even doing anything hard), we need laws that prevent people from capitalizing on their own resources.

    Any technology which threatens our gravy train must be made illegal, and those who use it must be punished.

    1. Re:The obvious justification by icebike · · Score: 5, Insightful

      A very succinct statement of the entire industry.

      But those with the faulty business model are not the record labels. They are simply
      doing what anyone handed an insanely lucrative monopoly would do. Milk it and Preserve it by all means possible.

      No, it is "Those who have talent" (allegedly) who have the flawed model. It hasn't been working for them for 20 years, most bands see mere pennies from each CD sale. Young, penniless, and desperate, they sign ridiculous contracts only to be raped for the rest of their lives.

      In the digital age, this failed model should break first, then the labels will disappear on their own.

      I fervently hope the labels DON'T wake up to the true potential of digital distribution. That would merely condemns another few generations of musicians to enslavement.

      New talent has to do what Doctors, Lawyers, Office Workers, Factory Workers, cops, and bus drivers have done. Embrace the technology.
       

      --
      Sig Battery depleted. Reverting to safe mode.
  5. Re:Simple to repeal this... by Anonymous Coward · · Score: 5, Insightful

    What do you mean "caught"? It no longer matters whether they're actually guilty.

  6. Worst. Summary. Ever. by Rogerborg · · Score: 5, Insightful

    The copyright holder can then demand that an ISP disconnects that user

    And the language in the article the implies that is...?

    without the user ever having a chance to demonstrate their evidence.

    Mmm hmm. "users should be able to flag to an independent adjudicator anything they regard as mistaken evidence"

    Of course, I'm making the mistake of Reading The Fine Article, and trying to make evidence-based comments, rather than commenting on what I imagine the law will be like. I'm clearly The Man's bitch.

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Worst. Summary. Ever. by tacarat · · Score: 5, Insightful

      "users should be able to flag to an independent adjudicator anything they regard as mistaken evidence"

      "Should" is an interesting word, though. RIAA's problem with it's American cases is meeting evidence criteria that a crime was committed. And that's with so called experts helping them. What will the threshold be for proving your innocence? More to the point, what will have to be done to make sure it's brought to an independent adjudicator? If the adjudicator isn't sympathetic or sufficiently technical, then a "well, you did download/share and only deleted it off your computer after the fact" argument will be sufficient to force the person to have to pay the fine or whatever. And that's assuming the person actually knows enough or has the resources to bring about a good case of innocence. If they don't and are innocent, then they're being forced to pay for a crime that they didn't even get to commit!

      Nope, don't like it.

      --
      "Common sense will be the death of us all"
  7. Re:not quite defenseless by _Sprocket_ · · Score: 5, Insightful

    The guy makes it sound all common sense. [Artist] checks out (say) The Pirate Bay and sees their latest hit available. They run a client, jot down IP addresses, and report to the appropriate ISPs. Bad pirates get disconnected for stealing the work of [Artist]. Who could complain?

    The trouble is - we know that's not how it'll work. It won't be [Artist] feverishly protecting their livelihood. It'll be [script], executed by an "IP protection" service acting as an agent for an Industry representative, running a drag-net search and spamming cease-and-desist letters. The ISP will be running [script2] to parse those emails and notify / disconnect users. The dragnet script will make mistakes. Often. Only the end users will be paying for those mistakes by trying to re-establish their (increasingly important) connection after being victim of said script.

    How do we know this? We can study from history.