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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."

31 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 Kranerian · · Score: 5, Funny

      I presume politicians are corrupt until proven honest.

      I presume all politicians are corrupt until... actually, forget the "until" part.

      --
      Do you have any idea how long it takes to dig graves for twenty-three oak trees?
    3. 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
    4. Re:What a coincidence by bpkiwi · · Score: 4, Informative

      Sorry, but this was blatent corruption.

      Section 92 of the copyright ammendment act was written at the prompting of the entertainment industry. It was then widely criticised during public review of the proposed law, and removed. But, surprise suprise, it was magically re-inserted after the public consultation period ended.

    5. Re:What a coincidence by Anonymous Coward · · Score: 5, Funny

      You were only modded insightful because slashdotters thought that was useful dating/relationship advice.

    6. Re:What a coincidence by Gible · · Score: 5, Informative

      Worse, at the prompting of the US entertainment industry in order to obtain a dubiously valued free trade agreement.

      --
      ~/ One man's opinions is a lifetime of pain. /~
  2. Right to... by Anenome · · Score: 5, Funny

    Apparently the law also specifies you have the right to confess your guilt, and pay your fine with a smile, also.

    --
    "I Don't Have Enough Faith to be an Atheist"
  3. Simple to repeal this... by Fallen+Kell · · Score: 5, Interesting

    1) Officially copyright your own material
    2) Contact ISP's of all lawmakers and Judges you can find
    3) Get their internet cut off
    4) Watch the media and political storm
    ...
    ???
    Profit?

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    1. 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.

  4. Presumed guilty by Anonymous Coward · · Score: 5, Interesting

    One wonder what precautions there are in the law against abuse?

    I mean, If I complain that I saw Mr. Smith sharing stuff copyrighted by me, what would be the consequences?

  5. I hope this is stopped by Seriousity · · Score: 5, Interesting

    So far, it's been delayed from Feb 29 to March 29. (approx) due to the overwhelming controversy surrouding the legislation. It is blatantly clear that the politicians that pushed this bill were simply cracking under pressure from lobby groups; our parliament is a joke, albeit not a very funny one. If it isn't stopped or postponed further then I submit that I won't be posting for a while after some time around March 29 :)

    Take heed, our small Aotearoa is owned by globalists; they may well seek to implement such policies elsewhere. (see the Opal file and judge for yourselves)

    Peace, from a New Zealander

    --
    This post was made in complete sincere seriousity; as such any attempts to derive humour are doomed to instant failure.
    1. Re:I hope this is stopped by gnick · · Score: 5, Funny

      So far, it's been delayed from Feb 29 to March 29.

      Feb 29 would be preferable - That would leave almost 3 full years to fight this going through.

      --
      He's getting rather old, but he's a good mouse.
  6. Heh. by castorvx · · Score: 5, Funny

    The recording industry has transformed its business models, making music available online and on mobile through a variety of different partners. Yet the widespread availability of unlicensed music on the internet acts as a disincentive to those considering setting up legal services.

    I don't think New Zealand is on the same internet I am.

    1. Re:Heh. by w0mprat · · Score: 4, Interesting

      I don't think New Zealand is on the same internet I am.

      It isn't, or at least it hangs on by a few tenuous undersea cables.

      NZ is one of the worst places in the developed world to file-share. Our pipes out to the big interweb are pretty narrow and our local bandwidth is pretty average. Here you can have a 10mbps cable line into fibre optic infrastructure and have low quality videos stall and buffer on youtube, just because it's 8pm and everybody else is doing the same thing. Most (affordable) internet plans charge you more or slow you down if you go over 10-20gb. P2P is not only very slow here but such capped usage doesn't really encourage anyone going nuts with file-sharing.

      And they claim downloading copyrighted works is a problem in NZ?

      We already share alot by swapping portable hard drives (I call them slut drives coz they get around) in this country, now it'll get worse.

      --
      After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
  7. 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.

    2. Re:Why not lower prices? by oodaloop · · Score: 5, Informative

      Mod parent up. I had an economist friend years ago who calculated what songs would cost on the radio per airing, and it came out to $.05USD. At that price, I would buy large quantities of music. As it is now, CDs are too expensive and so are mp3s on iTunes. Not that I would ever pirate music. On a completely separate subject, I like limes.

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  8. 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.

  9. 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.
  10. not quite defenseless by tonyreadsnews · · Score: 4, Informative
    Not that I'm for this or anything, but the guy does mention the 2 checks in the system:

    The ISP would then contact its user and warn them that they were breaking the law, advise them not to do it again

    I agree with the proposition that users should be able to flag to an independent adjudicator anything they regard as mistaken evidence

    also, he mentions that it is the 'right holder' that identifies IP addresses through the filesharing system, not the governement or anything so I'm not sure how its "Big Brother".

    Having said that, I don't think its the appropriate way to handle copyright infringement.

    1. 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.

  11. Opportunity knocks... by Tsar · · Score: 4, Interesting
    So how long will it take for some Kiwi IP-freedom-fighter to:
    1. Make a few original MP3 recordings,
    2. Copyright them (is that necessary in NZ?),
    3. Post them with names similar to upcoming releases from RIANZ members,
    4. Publicize their location,
    5. Watch for RIANZ-member IPs in the server logs, and
    6. Issue take-down demands to their ISPs?

    Lather, rinse, repeat.

  12. Huh? by TubeSteak · · Score: 4, Interesting

    The ISP would then contact its user and warn them that they were breaking the law, advise them not to do it again and provide details of where to enjoy music legally online.

    If the user kept breaking the law the ISP could close the internet account.

    Extra emphasis on "could"
    So is Campbell Smith saying that there is nothing requiring ISPs to cut off internet users?
    If not, why would ISPs ever do so?

    --
    [Fuck Beta]
    o0t!
  13. smaller countries will freak out more over ip by circletimessquare · · Score: 5, Interesting

    a large country like the usa, or a confident one like the uk, the business infrastructure of distribution can wither and die in the face of the internet, and there's no perception of a threat to the very existence of british or american culture being wiped out in the adjustment period

    but places like canada, or new zealand, there is a strong legal entrenchment of cultural protectionism, because there is already a perception that everyone watches american television and movies, or listens to british music, such that if "native" culture were to lose its protection, it would wither and die

    i actually don't believe this, i hardly believe anything stops an artist from creating art. its not like a kiwi won't write songs again just because kelly clarkson is on the radio. it seems to me to be some sort of lack of confidence on the part of canucks and kiwis. or rather, enough canuck and kiwi politicians can be persuaded of this scare tactic by captains of dying media industries in the face of the internet

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  14. 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"
  15. This law is an elaborate law student prank? by w0mprat · · Score: 4, Funny

    They were tired of engineers having all the fun. The fact that there are no legal repercussions for false accusation is a giveaway.

    Fun night in:
    1. Get (student) friends together
    2. Drink beer
    3. Send accusation letters to ISPs accusing high-profile/celebrity New Zealanders of copyright infringement.
    4. Drink more beer and wait for media frenzy
    5. Drinksh more beers *hic*
    6. Repeath!

    --
    After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
  16. So let's do this... by purpleraison · · Score: 4, Interesting

    Those of us who do not live in New Zealand can easily (or relatively) file motions to have lawyers, judges, politicians families etc, cut off due to our claims that they have downloaded copyrighted material.

    Since we don't live in New Zealand, even 'if' we are incorrect and they didn't... they have no recourse. However, the families of New Zealand politicians et al are just as 'guilty' as the next person-- we all know that, just as their kids do.

    The only question will be how to find their IP addresses... but it will be a hop, skip, and a jump before NOBODY in NZ has internet... how do you think the internet providers (and the population) will feel about the law then?

    --
    I am open source, and Linux baby!
  17. Hate to play Devil's advocate... by gillbates · · Score: 4, Interesting

    But prior to the invention of technology which allowed widespread distribution of music and dramatic performances, the best an artist could hope for would be a kingly sponsorship. A musician couldn't make a living without actually performing, nor could an actor make a living without constantly acting.

    There's nothing today preventing artists from making their money the old fashioned way. They could simply tour to bring in revenue, if they so chose. But they want to continue to make money on performances long after they've put their instruments away. And this is what the likes of RIAA-member companies promise them. Are they getting exploited? Perhaps in a few cases, yes. Are they exploiting the public at large? Yes, every time. The creative arts are the only discipline in which the workers and those who exploit them expect to make profit long after the work is done.

    If you're not paying for live performances, you're contributing to this condition. Buying CDs, music/movie downloads (legal or not) - these all contribute to the notion that an artist deserves to be compensated multiple times for work they've done only once. But then again, when you buy that CD, you get to enjoy content indefinitely without paying the artist any further royalties.

    If you don't like the copyright model, then do something about it. I suspect, however, that most people would rather put up with copyright than live in a society without it. Without copyright, every artist would simply resort to live performances, and we'd have a situation where hearing our favorite music was a matter of being in the right place at the right time and paying a hefty cover charge, *every time*.

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