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NZL Govt Rushes Thru Controversial Anti-Piracy Law

netsukeninja writes "The New Zealand government has surprised the public and even some MPs by moving to rush through its controversial 3 strikes-style legislation today. The new measures will allow for users to be disconnected from the Internet for up to 6 months, based on infringement claims from copyright holders."

162 comments

  1. the Greens support the bill in principle... by countertrolling · · Score: 5, Insightful

    Fuck them! I've been saying all along that they are no better than anybody else. This only proves it. They're actually worse because they are painting a very different picture of themselves as some kind of anti-authoritarian figures while exploiting public 'anger' (fomented in part by them) against the mainstream. There is more than one evil politician that started out by 'raging against the machine', but as soon as they get their power.. well, we all know the rest of that story. These are the types of political parties that will become your next NSDAP. Very dangerous.. Stay away from them. They are more toxic than Fukushima.

    --
    For justice, we must go to Don Corleone
    1. Re:the Greens support the bill in principle... by Malenfrant · · Score: 3, Insightful

      Yep, that's exactly what the Liberal Democrats did in the UK. They started out promising a different kind of government, but as soon as they got a whiff of power they ditched all their promises to ally themselves with the Conservatives.

    2. Re:the Greens support the bill in principle... by countertrolling · · Score: 0

      An even more glaring example is what's been happening in the states since 'hope and change' took over. It doesn't even matter that some of us knew their intentions all the time. Pointing it out amounts to farting into the wind.

      --
      For justice, we must go to Don Corleone
    3. Re:the Greens support the bill in principle... by Tx · · Score: 3, Insightful

      That's a very limited, and to be honest immature, view of it, and neglects the reality of coalition politics. If you want to say that you're against coalition governments of any sort, fine, say so. But if no parties win an election outright, and some of those parties then form a coalition government, the coalition partners are going to have to compromise on some of the policies they started out with, and the smaller the party, the more they're going to have to compromise. They still get some of their policies implemented, as opposed to none if they didn't form a coalition, but a smaller coalition partner is simply not in a position to implement all the policies they may have had in their pre-coalition manifesto; deal with it.

      --
      Oh no... it's the future.
    4. Re:the Greens support the bill in principle... by Tsingi · · Score: 5, Informative

      An even more glaring example is what's been happening in the states since 'hope and change' took over. It doesn't even matter that some of us knew their intentions all the time. Pointing it out amounts to farting into the wind.

      You mean like, when Obama signed the extension to the patriot act?

      Or like, when Obama gave in on health care?

      Or like, when Obama extended the Bush tax breaks for corporations and the uber rich?

      Or like, when Obama caved on Afghanistan and Guantanimo?

      Or like, when Obama failed to support the union busting in 20 states.

      Or like, ..<broken promises>ad infinitum</broken promises>

    5. Re:the Greens support the bill in principle... by countertrolling · · Score: 2

      I recommend that we 'deal with it' by voting the appeasers out. I'd rather have no policy than bad policy.. These 'coalitions' are little more than perverted alliances. The kinds our forefathers(ugh) warned us against. In fact, the whole concept of party politics is wearing thin. It only brings out the most corrupt behavior.

      --
      For justice, we must go to Don Corleone
    6. Re:the Greens support the bill in principle... by robot256 · · Score: 1

      I'd rather have no policy than bad policy.

      Then you should try the U.S. We would rather bring the entire government to a standstill than compromise on any of our principles. Oh wait, nevermind, that was just a game of political chicken to please the media. Sorry.

    7. Re:the Greens support the bill in principle... by rnws · · Score: 1

      Er, Godwin's Law this soon? Wow.

    8. Re:the Greens support the bill in principle... by countertrolling · · Score: 1

      Hey, if the foo shits...

      --
      For justice, we must go to Don Corleone
    9. Re:the Greens support the bill in principle... by Malenfrant · · Score: 1

      Since when has compromise meant do the exact opposite of everything promised in their election manifesto? That is not compromising, that is selling out your principles for a whiff of power. Sure, the Conservatives throw them a small bone now and then, so they can claim they are exerting influence, but most people see right through that which is why their poll ratings have sunk like a stone.

    10. Re:the Greens support the bill in principle... by thetartanavenger · · Score: 2

      That's a very limited, and to be honest immature, view of it, and neglects the reality of coalition politics. If you want to say that you're against coalition governments of any sort, fine, say so. But if no parties win an election outright, and some of those parties then form a coalition government, the coalition partners are going to have to compromise on some of the policies they started out with, and the smaller the party, the more they're going to have to compromise. They still get some of their policies implemented, as opposed to none if they didn't form a coalition, but a smaller coalition partner is simply not in a position to implement all the policies they may have had in their pre-coalition manifesto; deal with it.

      There's nothing wrong with coalition governments, nor is there anything wrong with having to compromise in places. But they're not compromising, they're caving, on virtually every promise they made. Our government is one of MP's voting. The smaller the party in the coalition government, the less sway they have on the outcome due to the less votes they actually have. Promises were made, and immediately broken, when they could have at least stood up and fought for a reasonable compromise (It's politics I know, breaking promises is what they do). For example, no, taking 80% away from education funding and tripling fees is not a compromise, it's a fucking joke.

      Just remember, Conservatives would be having a much harder time if the Lib Dems didn't form the coalition. Who else would they have joined up with? Would they be getting away with such activities if they were just a minority government?

      --
      Who need's speling and grammar?
    11. Re:the Greens support the bill in principle... by Tokolosh · · Score: 1

      Godwin in 1 - well done sir!

      --
      Prove anything by multiplying Huge Number times Tiny Number
    12. Re:the Greens support the bill in principle... by thetartanavenger · · Score: 1

      For example, no, taking 80% away from education funding and tripling fees is not a compromise, it's a fucking joke.

      Sorry, that should have been university education.

      --
      Who need's speling and grammar?
    13. Re:the Greens support the bill in principle... by Crypto+Gnome · · Score: 1

      All Poiticians are evil ("by their deeds shall ye know them", if not by nature).

      They have almost literally zero integrity.

      They're almost always full of promises beforehand and full of broken promises afterwards.

      I realize that is an inherent feature of the job (as opposed to a personal failing on their part), at least in our current/modern democratic society.

      The system as it stands is badly broken, unfortunately I for one have no suggestions on how to fix it.

      --
      Visit CryptoGnome in his home.
    14. Re:the Greens support the bill in principle... by Runaway1956 · · Score: 1

      Compromise is all well and good. I could compromise with (fill in the blank - RIAA, Microsoft, MPAA or whatever blows your skirt up), if I really had to. Or any of the other major players. But, we all know that money talks. So - Sony wants this or that law passed, and they try this year, and fail. So, next year, they come back, armed with more money - and maybe they fail again. So, next year, they are back again with even more money.

      Alright, let's say that the money isn't always the deciding factor. See, they try and try and try again, until they get a congress/parliament or whatever that is either ignorant, or maybe even in agreement with their goals.

      You, me, and Joe Sixpack? We have no money, no voice, no nothing. Compromise. Phht. I would truly LOVE the opportunity to compromise with all the douches in the world, but I don't get the opportunity.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    15. Re:the Greens support the bill in principle... by petteyg359 · · Score: 0

      He promised to give people hope, and he fulfilled that one. Never mind that he dashed it all shortly afterwards. So, he did actually keep one promise.

    16. Re:the Greens support the bill in principle... by Anonymous Coward · · Score: 1

      First of all, I think you are completely insane, you should have that looked at.

      Secondly, Nandor was pretty much the only MP in the whole joint with any interest and ability to articulate in favour of civil liberties, but once it became clear the party wasn't going to do anything in favour of pot legalization he pretty much gave up on the lot and walked away. Maybe Sue would have had something to say about it, but she was ignored out of the picture for other reasons.

      But don't be mad at the Greens for not being the Pirate Party. Be mad at the ruling party for ramming through legislation in a way which makes it obvious they know the population opposes the whole thing, and be furious at them for only giving ChCh city council less than a day's notice that they won't be on the post-earthquake rebuilding-ChCh committee. And be stark raving mad at them for dismissing the duly elected regional council there 6 months ago and replacing them with party-line appointees because the elected council wasn't simply handing over all water rights to the farming interests wholesale. Why should J Brownlee be allowed to become a despot above the law?

      This isn't about politics, it's about bad governance.

    17. Re:the Greens support the bill in principle... by madleech · · Score: 5, Informative

      Fuck them! I've been saying all along that they are no better than anybody else. This only proves it.

      Vent all you like, but the bill itself contains this snippet:

      Green Party minority view
      The Green Party applauded the introduction of this legislation, as it began to address the significant failings of its predecessor.
      The Green Party has always opposed, and continues to oppose, termination (account suspension) as a remedy for infringing file sharing. We believe it is disproportionate to the problem and would not solve it. The compromise before the committee isn’t a compromise on this issue at all. It is just a delay in implementation of this ill-considered remedy.
      The Green Party asserts that there is a danger in heavy-handed regulation for a problem that may only be a temporary result of new technologies upsetting traditional business models.
      The use of fines rather than Internet suspension is a more appropriate sanction for file sharing, and the punishments should be proportionate to the crime.
      Citizens are not denied the right to use their telephones because they happened to be used in the commission of a crime, and this legislation should not set any precedent. Access to the Internet has become a necessity in an era when more and more public and private services are only provided online.
      While supporting the bill in principle, the Green Party opposes the retention of termination in the legislation.

      While it would be nice if the Greens said that any and all regulation of the internet is wrong, I find their stance above very accurately sums up my own feelings on the matter. They are very plainly pointing out that this is the wrong approach, that it is heavy handed, inappropriate, and over the top. They even say, more or less, that "old media" should stop harassing the government and join the real world. Is this not everything that /. champions?

      This current govt seem quite happy to anything they damn well please, including forcibly sacking the elected members of our regional council and replacing them with a body of their own choosing who are not answerable to their ratepayers.

      There doesn't seem to be much we can do, but I encourage you to at the very least email the Hon Simon Power (simon.power@national.org.nz) and express your disdain for his actions over, and sponsorship of, this bill. If we don't speak out, we stand even less chance of changing a thing.

    18. Re:the Greens support the bill in principle... by Kjella · · Score: 1

      Coalition politics is far more of a mind game than that. If say the big party is 45%, your prospective coalition partner 10% and your hated enemy 45% what are your choices?

      Even if you are "natural" coalition partners you're in a way equal in that neither can form a majority government without the other. Either you give them enough to cooperate with you, or you have to be a minority government. Which may work, but then you need to seek their cooperation on a case-by-case basis instead. But if you give them too much influence then the big party voters will be pissed that those 10% get far too much influence. Give them too little and the 10% party voters will be pissed that they might as well not be in the government at all, they get no say. It's more than possible to sell yourself short here.

      Just as important as the issues you win, are the issues you don't lose. A good coalition win is something your voters want and their voters don't really care much either way. But if your voters will react very badly to it, then you have a much tougher "who gives in" problem. Great creativity must be used to make it seem like both sides got important concessions in those cases. If you fail at this, then it'll just look like one side had to bend over and take it, which rarely goes over well with the voters.

      Even worse is it if your coalition partner can go both ways, even a 4% party in a 48-4-48 split has tremendous political power. Essentially the sides get into a "bidding war" of "we'll give you power equal to a 5% party" "6%" "7%" until finally someone got to give. And if they're something of a special interest party that's otherwise reasonable you might end up giving them something 95% of the people disagree with. Not that it's very different from the democrats or republicans doing something to please 5% of their voters.

      In short, it's not just a math formula. Making a good coalition takes far more than that.

      --
      Live today, because you never know what tomorrow brings
    19. Re:the Greens support the bill in principle... by Raenex · · Score: 1

      I realize that is an inherent feature of the job (as opposed to a personal failing on their part), at least in our current/modern democratic society.

      The fundamental nature of politics isn't a modern invention. Look at politics throughout history. It's all pretty ugly stuff.

    20. Re:the Greens support the bill in principle... by countertrolling · · Score: 1

      I'm not the least bit concerned what Slashdot 'thinks'. And I am well aware of this 'contradiction" you speak of, and the GPL's dependence on copyright law, and that, absent copyright law, GPL is unnecessary. Got anything else?

      --
      For justice, we must go to Don Corleone
    21. Re:the Greens support the bill in principle... by Anonymous Coward · · Score: 0

      Really? Bills that affect normal people are only controversial here? All it takes is a claim that you broke a copyright law, apparently. That's it. I'm sure they don't need much actual evidence that proves anything. They should have to go to court over this to minimize abuse.

      This is interesting because Slashdot also supports a copyright license called the GPL that depends on copyright law.

      Some of them support it as long as copyright is in effect, but after that, no longer. Probably because they feel that it is one of the better licenses.

    22. Re:the Greens support the bill in principle... by countertrolling · · Score: 1

      They still see file sharing as a crime. They are representing the status quo. Out with the bunch of them... That you might agree with them does not make them right.

      --
      For justice, we must go to Don Corleone
    23. Re:the Greens support the bill in principle... by Anonymous Coward · · Score: 0

      Just like the Irish Green Party. All they gave us were more taxes and different types of bills. Let them implode and rot on the compost heap of political bullshit.

    24. Re:the Greens support the bill in principle... by erroneus · · Score: 1

      You think you are the first person to arrive at this false conclusion? You're not. And, as you might have guessed, you are wrong.

      The GPL is a "fight back" weapon to prevent the problems of copyright from corrupting the free work that people often contribute. It uses a weapon of restriction and limitation against those who would otherwise attempt to profit from free stuff without giving back.

      Furthermore, there is no "general disagreement" concerning copyright saying that there should be NONE. That corporations and business interests are developing police powers over the people is a huge problem. That mere complaints result in punitive action without judicial review is a huge problem. Individual rights of ownership are being stripped in the name of preserving another party's business models and interests is a huge problem. The problems go on and on.

      This isn't a "we hate copyright" issue. This is that copyrights are too long, too broad and result in the loss of the OTHER side of the agreement -- works entering into the public domain. You really need to rethink the issue over and start asking questions. And make them simple so you don't get confused about it. Start with "What is copyright for?" After you answer that one, it is hard to reconcile the terms as reasonable and especially hard to justify the kind of police powers that are ultimately being handed to parties who are demonstrably unreliable, deceptive and untrustworthy.

    25. Re:the Greens support the bill in principle... by russotto · · Score: 1

      Since when has compromise meant do the exact opposite of everything promised in their election manifesto?

      From www.m-w.com compromise 2 : a concession to something derogatory or prejudicial <a compromise of principles>

    26. Re:the Greens support the bill in principle... by Malenfrant · · Score: 1

      Haha, nice. Not exactly the meaning of compromise intended by the poster I was replying to but very good, I hadn't thought of that meaning when I posted.

    27. Re:the Greens support the bill in principle... by PopeRatzo · · Score: 1

      The Green Party asserts that there is a danger in heavy-handed regulation for a problem that may only be a temporary result of new technologies upsetting traditional business models.

      You know, I'm not from "down there", but this "Green Party" you've got sounds like a bunch of jackoffs. They're worried about "heavy-handed regulation" but what's more "heavy-handed" than termination for suspicion of downloading a torrent of what might or might not be a file which contains copyright protected data?

      I can tell you from personal experience here in the 'States that the statement you quote from the Green Party is what it sounds like when "progressives" decide it'll be more fun to have power than to do the right thing.

      --
      You are welcome on my lawn.
    28. Re:the Greens support the bill in principle... by Anonymous Coward · · Score: 0

      He also promised change, but never said that it would be change for the better...

    29. Re:the Greens support the bill in principle... by St.Creed · · Score: 1

      The Green Party has always opposed, and continues to oppose, termination (account suspension) as a remedy for infringing file sharing

      What part of that sentence did you skip while reading the GP? :)

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    30. Re:the Greens support the bill in principle... by tqk · · Score: 1

      ... they're caving, on virtually every promise they made.

      I believe you're missing half of the equation. They're coming through bigtime for those who lobbied and paid them to do this.

      Promises to voters? Oh, that's so quaint.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    31. Re:the Greens support the bill in principle... by lennier · · Score: 0

      Then you should try the U.S. We would rather bring the entire government to a standstill than compromise on any of our principles.

      But that was wrong and bad because it was the Republican Party and they need to be forced to compromise because their principles are pure evil! If it were the Democratic Party who had brought the government to a standstill it would have been in the cause of pure shining good and they should never compromise on their principles!

      When your party compromises their agenda and reaches across the aisle, it's because my tireless compaigning has reluctantly brought their supporters to see reason and engage in dialogue, and it's a great step forward for all humanity.

      When my party compromises their agenda and reaches across the aisle, it's because they're a bunch of spineless backstabbing sell-out cowards who wouldn't know a principle if it punched them in the jaw, and it's the beginning of jackboots marching across the Rubicon, mark my words.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    32. Re:the Greens support the bill in principle... by lennier · · Score: 1

      They have almost literally zero integrity.

      Literally? Like, they have a hole in their skin and internal liquids are leaking out?

      Eww.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    33. Re:the Greens support the bill in principle... by lennier · · Score: 1

      The fundamental nature of politics isn't a modern invention. Look at politics throughout history. It's all pretty ugly stuff.

      The fundamental nature of politics is that people want stuff, and other people want other stuff, and although they can't both have the same stuff, someone who can promise stuff to both people can temporarily convince both people to give them stuff.

      Sometimes the stuff people want most of all is "not getting strung upside down in the scorpion pit", and a truly great regime is one that delivers on that electoral promise to at least some of its citizens.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    34. Re:the Greens support the bill in principle... by tqk · · Score: 1

      think anti-piracy laws are only "controversial" on Slashdot, which has become a piracy advocate over the years ...

      Really? Go take a look at Michael Geist's reportage, or TechDirt.com.

      The discussion shouldn't be about piracy. It should be about freedom. Computers copy data. That's what they do. Live with it.

      If I paid for something, it's mine to use as I wish, no questions asked, the producer has been compensated. That's the end of the relationship.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    35. Re:the Greens support the bill in principle... by lennier · · Score: 2

      You know, I'm not from "down there", but this "Green Party" you've got sounds like a bunch of jackoffs.

      Yes, you're not from "down here".

      I vote Green, but the Green Party in New Zealand is widely hated by many people in New Zealand for being too hippie and liberal and for opposing the government (both National and Labour) too stridently on issues like anti-war, women's rights and drug legislation. Most people who I talk to who dislike the Greens say it's because "they hold the government to ransom" and "don't compromise".

      Exactly the opposite of what you're accusing them of, in other words.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    36. Re:the Greens support the bill in principle... by PopeRatzo · · Score: 1

      What part of that sentence did you skip while reading the GP? :)

      How can I know what I skipped?

      But I know I did not skip the implicit "but..." at the end of the Green Party's statement that you quote.

      They're against termination, but don't want the "heavy-handed regulation" that would prevent it.

      In a lot of cases, when it comes to contemporary corporate culture, "heavy-handed regulation" is exactly what's called for. The heavier the hand the better as far as I'm concerned.

      --
      You are welcome on my lawn.
    37. Re:the Greens support the bill in principle... by Raenex · · Score: 1

      I admire your cynicism.

    38. Re:the Greens support the bill in principle... by w0mprat · · Score: 2

      This current govt has been leveraging the crisis following the earthquake in christchurch to ram through a wish-list of dodgy legislation it wouldn't have had a hard time passing without a crisis. What outstanding luck. They'll be riding this trojan horse to the next election.

      Something dangerous has subverted NZ politics. Why the urgency in parliment at all? Japan is in a far worse situation and is doing nothing of the sort. Kobe and San Francisco didn't need what ammounted to draconian laws and suspension of demorcracy to rebuild, why is it happening here?

      It seems a fairly agile and first-world democracy has developed an auto-immune disorder and is wrecking itself. Hey.. that sounds familar...

      --
      After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
    39. Re:the Greens support the bill in principle... by palegray.net · · Score: 1

      You have been duped by a sensationalist media piece intended to produce exactly the reaction so many here are displaying. When it comes to TorrentFreak, "consider the source" is a gross understatement.

    40. Re:the Greens support the bill in principle... by MeateaW · · Score: 1

      Welcome to Australia! (That is exactly our government right now, 3 people have the balance of power.) It is actually hilarious (and god awfully painful) to hear people talking about "backflipping" and "reversing election promises", when they made these promises under the auspices of "Give us government, we will/will not do X" What happens? They DON'T get elected. So they figure out a way to convince a couple others to actually elect them. As far as I am concerned, governments that are REQUIRED to form a coalition government (after the election occurs, not before) are basically exempt from all promises, because they can't keep their promises, as the voting public didn't hold up their end of the bargain.

    41. Re:the Greens support the bill in principle... by countertrolling · · Score: 1

      It's very easy, and politically expedient, to be all 'strident' on issues where you have no influence, and really do nothing more than create a diversion. In the states, we have people like Kucinich for all that. The moment they become 'necessary' for a vote however, they toe the line like everyone else. The Greens are no different

      --
      For justice, we must go to Don Corleone
    42. Re:the Greens support the bill in principle... by MeateaW · · Score: 1

      Huh? You are on drugs clearly.

      They did not say: "We don't want heavy handed regulation so we will terminate them" they said:
      "The Green Party has always opposed, and continues to oppose, termination (account suspension) as a remedy for infringing file sharing."

      The end.

      PS. the government doesnt "regulate" to stop people getting their internet terminated. If anything ISPs don't want to EVER cancel peoples internet. They only have to regulate so that people DO get internet terminated.

      Remember, "corporate culture" has nothing to do with the regulation (other than wanting it to pass). Because they aren't cancelling anyones internet at the moment. Corporate culture WANTS them to cancel internet. Thus they WANT regulation. No regulation (in this instance) = no cancelling of the internet.

    43. Re:the Greens support the bill in principle... by mudshark · · Score: 2

      Something dangerous, indeed. It's an extremist, ACT-inspired corporate agenda cloaked in friendly-sounding centre-right soundbites. We got the affable investment banker at the helm, and he and his minions are gleefully carving up what's left of the public domain after the twin debacles of Rogernomics and Ruthanasia a generation ago. By the time the punters wake up, the trans-Pacific handover will be a done deal and we'll be serving either Chinese or USian overlords, on alternating days of the week.

      --
      In other news, astrophysicists have announced that they now know what all that dark matter is: it's stupidity.
    44. Re:the Greens support the bill in principle... by PopeRatzo · · Score: 1

      The end.

      But that wasn't "the end".

      They went on:

      The Green Party asserts that there is a danger in heavy-handed regulation for a problem that may only be a temporary result of new technologies upsetting traditional business models.

      I have one question: Is internet service in NZ provided by the government? If not, then "regulation" in the Southern hemisphere must mean something different than it does where people are civilized.

      --
      You are welcome on my lawn.
    45. Re:the Greens support the bill in principle... by mudshark · · Score: 1

      Have you read the text of the bill and its amendments? See the part where an allegation of infringement is treated as a presumption of guilt? Did you notice that the burden of proof is carefully placed on the accused? And how the tribunal process specifically bars lawyers from attending the proceedings? It's all in there, sections 122A-R.

      Retrograde, totalitarian and undemocratic. It's a shakedown ploy for the media giants and a bad law in multiple ways. Are you shilling for Hollywood or just misinformed?

      --
      In other news, astrophysicists have announced that they now know what all that dark matter is: it's stupidity.
    46. Re:the Greens support the bill in principle... by palegray.net · · Score: 1

      I did in fact spend a considerable amount of time reading through the bill. With regard to presumption of guilt, the way things are wording truly does not appear to be any different from fairly standard civil proceedings. Here's the specific text:

      Infringement notice as evidence of copyright infringement “(1) In proceedings before the Tribunal, an infringement notice is conclusive evidence of the following: “(a) that each incidence of file sharing identified in the notice constituted an infringement of the right owner's copyright in the work identified: “(b) that the information recorded in the infringement notice is correct: “(c) that the infringement notice was issued in accordance with this Act. “(2) An account holder may submit evidence, or give reasons, that show that any 1 or more of the presumptions in subsection (1) do not apply with respect to any particular infringement identified in an infringement notice. “(3) If an account holder submits evidence or gives reasons as referred to in subsection (2), the rights owner must satisfy the Tribunal that the particular presumption or presumptions are correct.

      Subsection (3) appears to exist for good reason; if the rights owner can't actually prove the legitimacy of the claim under scutiny, it's no good. Furthermore, should the rights holder overtly lie, there are certainly legal consequences for doing so. That said, if the accused makes no claim to the contrary (likely by not appearing at the proceedings at all), there's no reason for the tribunal not to issue a judgement in favor of the claimant.

      Now I'll address the question of attorneys being allowed at the proceedings. Here's the text I believe you're referencing:

      “122M If hearing is held “(1) If a hearing is held, sections 211 to 224 apply, other than sections 213(1) to (3) and 214(1) and (2) sections 213(2) and 214(1). “(2) Every party to the proceedings may appear personally and be heard. “(3) A party may not be represented at a hearing by a representative, except as follows: “(a) a corporation or unincorporated body of persons may be represented by an officer, employee, or member of the corporation or body, or a person who holds a majority interest in it: “(b) a person jointly liable or entitled with another or others may be represented by 1 of the persons jointly liable or entitled: “(c) a partnership may be represented by an employee of a partnership: “(d) a minor, or a person under a disability, may be represented by another person: “(e) if the Tribunal is satisfied that, for sufficient cause, a party is unable to appear in person or is unable to present his or her case adequately, the party may be represented by a representative approved by the Tribunal: “(f) if it appears to the Tribunal to be proper in all the circumstances to allow the party to be represented, the party may be represented by a representative approved by the Tribunal. “(4) A representative may not be a lawyer, unless the Tribunal gives leave.

      Bold emphasis is mine for easier reference. A parallel might be small claims court in the U.S.; in a few jurisdictions, attorneys aren't allowed, but it must be stressed that neither party can be represented by an attorney in that case (as is the case with the NZ law). There's also a cap for the amount a judgement can be entered for. In U.S. courts, this ranges from $3,000 to $10,000 USD. This bill references a figure of $15,000 NZD. Using today's currency exchange rates, that's a cap of 11,895 USD.

      In short, you may have read the bill, but you did a poor job of actually analyzing it. I'll note that I'm a free software author myself, and choose to publish my code under BSD licensing 99% of the time. However, I respect the rights of others, and I respect the authority of the courts designated to rule on matters such as these. Thus, I am neither a shill, nor misinformed.

  2. Surprise, surprise. by unity100 · · Score: 2

    Remember how it was leaked that u.s. govt. bullied spain govt. to passing such a bill, and how it unanimously got rejected when bullying was leaked.

    apparently, u.s. govt has not stopped being the whore of hollywood and record companies after that, and is working like a faithful dog since then.

    1. Re:Surprise, surprise. by Joce640k · · Score: 4, Insightful

      Why are these laws always "rushed through" as if copyright infringement was a national emergency...?

      --
      No sig today...
    2. Re:Surprise, surprise. by unity100 · · Score: 2

      national emergency as in the country with the strongest military on earth threatens you supposedly despite being an ally.

    3. Re:Surprise, surprise. by Crypto+Gnome · · Score: 1

      Because the US of A unfairly ties these new copyright enforcement laws to negotiations on international trade.

      They have done and continue to do this to Australia.

      A direct impact of billions of dollars to your economy is a national emergency.

      In many ways the crazy people in oil-soaked sandy countries are correct - America BULLIES other countries.

      --
      Visit CryptoGnome in his home.
    4. Re:Surprise, surprise. by tobiah · · Score: 0

      In other news, outlawing abortions in Washington DC will balance the US budget in 2050!

      --
      "The ability to delude yourself may be an important survival tool" - Jane Wagner -
    5. Re:Surprise, surprise. by Anonymous Coward · · Score: 0

      Sounds completely fair to me, it's a trade issue!

      I don't like the idea cause they claim infringement on non infringing software/media.

    6. Re:Surprise, surprise. by GigaplexNZ · · Score: 1

      They've tried and failed to get this policy in the normal way. In this case the emergency is the restoration of infrastructure in Christchurch after the earthquake and this policy is sneakily being tacked on the end of the bill...

    7. Re:Surprise, surprise. by geezer+nerd · · Score: 1

      I am an American living in NZ. The NZ Parliament frequently does business "under urgency". It is one of the more striking characteristics I have noted that is different from past experience. The normal process for enacting legislation is cumbersome and tedious and slow. The Government knows that and uses the "urgency" provisions to get around that, too often, I think. In this case, the Parliament was sitting "under urgency" to consider legislation to create the Canterbury Earthquake Recovery Authority, a new agency to ride roughshod over the Christchurch locals in the name of "recovery". While they were at it, they tossed in this internet-related bill to pass also. Pretty cheeky if you ask me.

  3. Quick by Anonymous Coward · · Score: 5, Insightful

    3 persons file copyright claims against the PM and then file for him to be taken off the internet.

    1. Re:Quick by Anonymous Coward · · Score: 0

      Considering how backwards the PM, other politicians, and the very workings of numerous national governments around the world evidently are with regards to the internet*, do you really think that'd hurt him that much?

      *: In the US, in the year 2011, I still need to contact a fucking third party if I want to electronically file my taxes? What sort of early-90s internet bullshit IS this?!?

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

      +1

  4. Did I read right? by Lunaritian · · Score: 1

    "The new measures will allow for users to be disconnected from the Internet for up to 6 months, based on infringement claims from copyright holders."

    It's official: big businesses rule the world.

  5. Claims?? by WrongSizeGlass · · Score: 4, Informative

    The new measures will allow for users to be disconnected from the Internet for up to 6 months, based on infringement claims from copyright holders.

    Just based on claims? Wow, that's guilty before proven innocent, no?

    1. Re:Claims?? by palegray.net · · Score: 5, Informative

      TFA doesn't do a very good job of referencing relevant materials. It appears NZ has a copyright tribunal that hears cases of alleged copyright infringement and makes rulings based on evidence submitted by both parties, and there is an appeals process that goes through a high court. I'm not intimately familiar with the nuts and bolts of NZ law, but at a minimum TFA could have done a bit more to provide useful information. While the copyright tribunal is mentioned in passing, no link is provided. Then again, this is TorrentFreak we're talking about.

    2. Re:Claims?? by Anonymous Coward · · Score: 0

      Not quite. It's rather guilty, and promptly executed, even if proven innocent later.

    3. Re:Claims?? by Anonymous Coward · · Score: 0

      Just based on claims? Wow, that's guilty before proven innocent, no?

      This is one of the problems with Slashdot.
      The USA law is very specifically "CLAIMS" and not charges. And yes, this is exactly as bad as you think.

      Unfortunately, Slashdot editors now always put 'claims' in the summary, no matter what the facts of the matter are. Some countries law writes in 'claims', others 'charges', and others yet 'found guilty'. Each one getting less horrific as you go down the list.

      But yes, as I am writing this post I am a copyright holder over it.
      I now publicly claim that each and every MP in new zeland has violated my copyright, and I demand from law enforcement that they lose their internet connections within the full extent of the law.

      Let's hope the law really is 'claims', and they follow through as they are legally bound to!

    4. Re:Claims?? by Anonymous Coward · · Score: 0

      Well, ok, its kinda like a witch hunt, except without the 'kinda like'. I claim you stole my stuff. My neighbor, and his dog will claim the same. Now you get off my lawn... er internet! 6 months for you!

    5. Re:Claims?? by SuricouRaven · · Score: 1

      Maybe for now. But given the sheer volume of reports that must be submitted to have any significent impact on piracy, I imagine such a long-winded procedure would soon be replaced with something a little faster. Most likely something like a souped-up version of the DMCA, where a copyright holder simply makes the claim without any evidence at all and the accused is disconnected upon their word alone - but does have the option of appealing at their own expense if the accusation is in error.

    6. Re:Claims?? by palegray.net · · Score: 2

      What I take issue with is misrepresentation of the current state of affairs and sensationalist/deceptive reporting. Sure, anything could happen, but it isn't happening now. As things stand at present, NZ actually appears to have a fairly standard method of dealing with claims in court. If that changes, I would absolutely encourage anyone and everyone to scream bloody murder. Unfortunately, sensationalist crap like this "story" do nothing but make people who care about the topic look like a bunch of nutjobs in the meantime, and probably serves to damage the cause of freedom.

    7. Re:Claims?? by Anonymous Coward · · Score: 0

      Legal proof is required and that is evaluated in a court setting.

      Additionally the cut off can only happen if the parliament and the Governor General sign the order. (The GG is the representative of the Queen and head of state)

      "...its compromise version only allowed for a person's internet account to be cut off by an order in council."

      "Such an order can only be issued by a cabinet minister and has to be signed by the Governor General - a much more high-level process than the three-warnings-and-you're-out regime originally outlined in the notorious (and now scrapped) Section 92a (aka S92) which would have been enforced by ISPs."

      This is as far from three strikes and you are out as you can get for individual users, but when it comes to sites like torrent freak (if one existed in NZ) then they would certainly get their net cut by Her Majesty, Queen Elizabeth II

    8. Re:Claims?? by WNight · · Score: 1

      As we've seen in Tunisia, Egypt, Bahrain, Yemen, China, Libya, and others, the government having the ability to block internet or phone access for some or all users is going to get many people killed one day. And how do they get this power to censor? By blocking other things (porn, copyrighted material, etc).

      Even nuclear secrets aren't dangerous enough to warrant a system of censorship.

    9. Re:Claims?? by Anonymous Coward · · Score: 0

      Unless something has changed, the Tribunal is not aimed at file-sharing. Rather it's there for commercial-level disputes as an arbitration forum before things get to the courts.

    10. Re:Claims?? by palegray.net · · Score: 1

      As we've seen in Tunisia, Egypt, Bahrain, Yemen, China, Libya, and others, the government having the ability to block internet or phone access for some or all users is going to get many people killed one day.

      There is a lot of ground to cover before the government of NZ or its neighboring nations even remotely resemble the governments you've listed, and alarmist attitudes contribute nothing to reasoned debate.

      And how do they get this power to censor? By blocking other things (porn, copyrighted material, etc).

      Censorship and enforcement of copyright protection are completely different topics. If you believe anyone should be permitted to distribute materials protected under the copyrights of others without permission and without repercussions from a court system designed to handle such matters (which NZ actually has, if you care to visit the link I provided earlier), you're welcome to speak against copyright in principle. However, it is the law, whether you like it or not.

      Even nuclear secrets aren't dangerous enough to warrant a system of censorship.

      Speaking as someone who has served aboard an Ohio class submarine, I cannot stress strongly enough how incredibly wrong you are.

    11. Re:Claims?? by Anonymous Coward · · Score: 0

      Censorship and copyright enforcement are identical. Party C wants to stop party A and B sharing information. Absolutely, copyright should be abolished (see boldrin and levine).
        But in the meantime, fuck the law. Do what is right, not what is legal. Obeying an unjust law is a fool's game.

    12. Re:Claims?? by WNight · · Score: 1

      There is a lot of ground to cover before the government of NZ or its neighboring nations even remotely resemble the governments you've listed,

      Not at all. But even if you're blind to the reasons why, the point is that once they have the system in place we can't stop them - even if it took a while.

      and alarmist attitudes contribute nothing to reasoned debate.

      Government powers are always used, and abused by the original definitions. If you don't understand the possible outcomes of a censorship system that got out of hand you aren't qualified to support it.

      Censorship and enforcement of copyright protection are completely different topics.

      But they require exactly the same infrastructure. Isn't that funny...

      If you believe anyone should be permitted to distribute materials protected under the copyrights of others without permission and without repercussions from a court system [...]

      No, the question is if you believe that laws that 1) enable and encourage abuses and 2) are crazier than the soviets banning private ownership of photocopiers and 3) won't work, should be passed just so the government appears to be doing something that only certain lobbyists wanted anyways.

      Even nuclear secrets aren't dangerous enough to warrant a system of censorship.

      Speaking as someone who has served aboard an Ohio class submarine, I cannot stress strongly enough how incredibly wrong you are.

      First, I think you're wrong - that those secrets aren't as important, dangerous, or secret as you think.. I don't think they'd influence the success of either of us building a deadly device with the resources we could plausibly have (where do we get the material?). And it's not that well kept of a secret or so hard that a government (capable of aquiring useful amounts of material) wouldn't have stolen or re-invented the knowledge.

      Preventing the spread of these secrets is less important than just keeping an eye out for signs of weapons tests, etc, because no matter how hard we clamp down on secrets they'll always be leaked or reinvented eventually. Only actual preparedness is worth anything.

      Second, even if we assume these secrets are as deadly as you suggest with your "Trust me, I had a badge", and that they'd enable anyone who could get 10KG of appropriate material to make a weapon, is it enough of a threat increase to justify a global censorship net capable of detecting you leaking one of these secrets and preventing its spread?

      But never mind that, they're only bothering to use stopping copyright infringement to justify enacting ultimately the same controls. They aren't even breaking out the child porn angle, let alone the nuclear secrets argument, and you're still willing to go along with it.

  6. New Zealand flag by Anonymous Coward · · Score: 0
    1. Re:New Zealand flag by Anonymous Coward · · Score: 0

      Why? I've never understood the flag burning controversy. I don't understand why people get so upset over burning the flag, because it's just a flag. And I've never understood why people think it's such a great protest because again, it's just a flag. Destroying your own property just seems like a pretty lame way to protest.

    2. Re:New Zealand flag by Tx · · Score: 1

      I don't understand why people get so upset over burning the flag, because it's just a flag.
      But the fact is they do get upset, as you recognise; "why" doesn't really matter.

      And I've never understood why people think it's such a great protest because again, it's just a flag.
      Because people get upset about it, Q.E.D..

      --
      Oh no... it's the future.
    3. Re:New Zealand flag by Anonymous Coward · · Score: 0

      This surely has to be a US thing... On this side of the pond (UK) the only people who seem to have any sort of adherence to flags are generally squaddies, football-fan types or skinheads. I don't think I know anyone who'd get upset about a flag burning of either the union flag or the St. George's cross.

    4. Re:New Zealand flag by mrbester · · Score: 1

      No, because USians get upset about it. This is because they pledge allegiance to the flag. Denizens of other countries realise that a flag is a piece of material and pledge allegiance to crown / Dear Leader / whatever. No-one in Blighty, Oz, NZ, Canada, Russia, Egypt, Libya, even China and North Korea gives a rat's ass about their flag being burned because it's just a flag .

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
  7. NZL? WTF? by imroy · · Score: 0

    Since when has New Zealand been abbreviated to "NZL"? It's just "NZ". Crazy Americans...

    1. Re:NZL? WTF? by Errol+backfiring · · Score: 2, Funny

      I think the original poster was afraid that NZ was copyrighted.

      --
      Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
    2. Re:NZL? WTF? by Anonymous Coward · · Score: 0

      Since when has New Zealand been abbreviated to "NZL"? It's just "NZ". Crazy Americans...

      NZL a is common abbreviation for New Zealand... such as used on the America's cup Boat and other major sporting events. I myself am from Wellington, so not one of these crazy Americans you speak of...

    3. Re:NZL? WTF? by Anonymous Coward · · Score: 0

      As a new zealander i would like to point out that pretty much always write it as NZ

    4. Re:NZL? WTF? by DanTheStone · · Score: 1

      NZL is the 3-character country code. http://en.wikipedia.org/wiki/ISO_3166-1_alpha-3

    5. Re:NZL? WTF? by Anonymous Coward · · Score: 0

      As a new zealander i would like to point out that i did not know this

    6. Re:NZL? WTF? by imroy · · Score: 1

      Okay. It may be "official", but I still say it's uncommon. I'm Australian BTW, so I'm not to far away. It's always been "NZ" for me.

    7. Re:NZL? WTF? by Walking+The+Walk · · Score: 1

      They could have used the 2-character country code instead http://en.wikipedia.org/wiki/ISO_3166-1_alpha-2#NZ It's a lot more common.

      --
      A recursive sig
      Can impart wisdom and truth
      Call proc signature()
    8. Re:NZL? WTF? by PNutts · · Score: 1

      As a new zealander i would like to point out that pretty much always write it as NZ

      Our thoughts are with you during your L famine.

      -Signed US and/or USA

    9. Re:NZL? WTF? by adamofgreyskull · · Score: 1

      If that's the case, and Slashdot is on some new ISO bent, why don't the editors use USA in all story summaries instead of US? Or GBR in place of UK?

    10. Re:NZL? WTF? by PNutts · · Score: 1

      NZL a is common abbreviation for New Zealand... such as used on the America's cup Boat and other major sporting events. I myself am from Wellington, so not one of these crazy Americans you speak of...

      Agreed. A quick Google of New Zealand +NZL turns up over 5 million hits. It appears just about every global competition uses NZL. Sorry that we say "turn right onto Wrights Road" instead of "turn towards Callum's house where the Bulrush used to be and mind the anklebiters."

    11. Re:NZL? WTF? by Anonymous Coward · · Score: 0

      We in the US like 3-character country abbreviations because we often refer to our states by their 2-character abbreviations. This avoids any Georgia (state GA) / Gabon (country GA/GAB) / Georgia (country GE/GEO) abbreviation overlap, for example.

      At least our state abbreviations are a consistent number of letters. I'm looking at you, Australian.

    12. Re:NZL? WTF? by Anonymous Coward · · Score: 0

      You are awfully sensitive. I mean who really cares? NZ vs NZL? US vs USA?

    13. Re:NZL? WTF? by mabinogi · · Score: 1

      At least our state abbreviations are a consistent number of letters. I'm looking at you, Australian.

      at least our software can handle variable length strings.

      --
      Advanced users are users too!
  8. What about false allegations? by dkf · · Score: 2

    The new measures will allow for users to be disconnected from the Internet for up to 6 months, based on infringement claims from copyright holders.

    Are these claims required to be made under oath? What processes are there in place to allow challenging such claims? After all, allowing restriction of perceived rights on the basis of random unchallengeable allegations by private organizations is just a way to allow corporate fascism.

    --
    "Little does he know, but there is no 'I' in 'Idiot'!"
    1. Re:What about false allegations? by Lunaritian · · Score: 3, Informative

      What processes are there in place to allow challenging such claims?

      The most effective is called "money".

    2. Re:What about false allegations? by Anonymous Coward · · Score: 0

      What processes are there in place to allow challenging such claims?

      Challenging those claims will be possible through a simple web application. Oh wait...

    3. Re:What about false allegations? by Aerynvala · · Score: 1

      I thought corporate fascism was the point of businesses buying the government. They're getting what they paid for and everyone else loses.

      --
      http://transformativeworks.org/
  9. NZL? Govt? Thru? by Buggz · · Score: 1

    The heading is ONE sentence, do you really need to abbreviate everything? It's not like there's a hard limit on the length of a heading, is there? It looks like a 14-year old is trying to create a "hip" news feed but does so manually and needs to do everything as fast as possible.

    1. Re:NZL? Govt? Thru? by Spad · · Score: 1

      NZL Gvt Rshs Thru Cntrvsl Ant-Prcy Lw FTW

    2. Re:NZL? Govt? Thru? by HelioWalton · · Score: 0

      /. eds needed to rush thru this story, ASAP

    3. Re:NZL? Govt? Thru? by JohnRoss1968 · · Score: 1

      It wasn't an abbreviation, it was misspellings.
      Please Donate to The Slashdot Spell-check Fund so that all of our Slashdot posters can have spell-check on their computers.
      Thank You
      *Any money that is collected and does not go towards the spell-check program will be used for hookers and crack in Las Vegas.

    4. Re:NZL? Govt? Thru? by mjwx · · Score: 1

      The heading is ONE sentence, do you really need to abbreviate everything? It's not like there's a hard limit on the length of a heading, is there? It looks like a 14-year old is trying to create a "hip" news feed but does so manually and needs to do everything as fast as possible.

      Govt. is a common abbreviation of Government.

      NZ is the correct abbreviation of New Zealand, not NZL. UnZud is also acceptable.

      Thru is a reason to have an author taken out and shot, reanimated and shot again.it;s not an abbreviation for anything, it's just bad English.

      Granted a headline shouldn't use abbreviations unless absolutely necessary.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  10. This could happen anywhere in the world... by GameboyRMH · · Score: 1

    If this happened to me, I'd start tunneling all my traffic through a VPS in Outer Elbonia while I look for a country to migrate to.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
    1. Re:This could happen anywhere in the world... by countertrolling · · Score: 1

      If this happened to me, I'd start tunneling all my traffic through a VPS...

      Yeah, I want to see how you do that when they block the entrance...

      --
      For justice, we must go to Don Corleone
    2. Re:This could happen anywhere in the world... by corbettw · · Score: 1

      The shitty thing is though, NZ[L] was my destination of choice to get the hell away from what's happening to the US[A]. If their government is pulling this kind of garbage, where else is left that won't step all over your right to be left the hell alone (and isn't also in the middle of a protracted civil war)?

      --
      God invented whiskey so the Irish would not rule the world.
    3. Re:This could happen anywhere in the world... by Anonymous Coward · · Score: 0

      When you find out, let me know. I'd like a pony too

    4. Re:This could happen anywhere in the world... by mabinogi · · Score: 2

      As a New Zealander living in Austria that still visits New Zealand, I'd say New Zealand hasn't had a sane government for years.
      Australia's is still pretty sensible (the internet filter stuff makes a lot of headlines, but no one seriously expects it to ever pass - and even Conroy seems to have given up on it now) for now. ..but god help us all after the next election if the Australian people don't stop believing Tony Abbott's lies and end up electing a Coalition government.

      --
      Advanced users are users too!
    5. Re:This could happen anywhere in the world... by lennier · · Score: 1

      where else is left that won't step all over your right to be left

      Right on. The Left left the Right alone and now our rights are being given a right left-handed compliment. The Right Honourable Minister says it's all right, but I think right just left town, and we're just left with what's left, which is where the Left left off. Right?

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    6. Re:This could happen anywhere in the world... by Anonymous Coward · · Score: 0

      Oh - well I guess I'll support it then. Got more than enough United Statesians as it is. Anyway - I'm sure you'll love President Palin and VP Trump once you get to know them.

  11. NZ Law based on baseball rules? surely cricket! by fantomas · · Score: 4, Insightful

    This "three strikes and you're out" infantile framing of legislation drives me crazy. Since when have the laws of baseball (or any game) been considered a sensible foundation for a nation's legislation?

    Seems to me too simplistic to base a country's law on sound bites like "three strikes and you're out".

    Anyhow, if we're going for games-based legal systems, surely New Zealand should go for laws based on cricket (or rugby)? How about a financial services industry law based on LBW (leg before wicket)?

    1. Re:NZ Law based on baseball rules? surely cricket! by gstoddart · · Score: 1

      Anyhow, if we're going for games-based legal systems, surely New Zealand should go for laws based on cricket (or rugby)?

      Because, you would never be able to explain the rules to anybody from anywhere else in the world, so they'd never really understand if they've violated it -- pretty much the same as with rugby and cricket. ;-)

      Oh, and every time the law put to the test, it would take weeks ... and at the end, it still might not be certain who won. ;-) [ I kid, I kid, I'm sure someone actually does understand what is happening in a Test match ... though, a friend from Sri Lanka tried to explain it once, and I didn't quite follow ]

      --
      Lost at C:>. Found at C.
    2. Re:NZ Law based on baseball rules? surely cricket! by Feinu · · Score: 1

      I doubt the legislation was based on baseball for a start, but using the analogy is the quickest way of getting the concept across to the general public. Allowing grace twice is a fairly reasonable middle ground which provides sufficient warning to the pirate.

      Some ideas for other games-based piracy laws:
      Cricket:
      Get caught once and you're out.
      Rugby:
      Pirate something longer than 80 minutes.
      Passing pirated material forward.
      Pirating material before release (offsides).
      I could go on, but once it gets to "joining the ruck from the side", the analogy has broken down completely.

    3. Re:NZ Law based on baseball rules? surely cricket! by Anonymous Coward · · Score: 0

      Hurling:
      Pirate whatever the fuck you want, you're a large insane irishman brandishing an iron-tipped club.

    4. Re:NZ Law based on baseball rules? surely cricket! by Anonymous Coward · · Score: 0

      If by anywhere else in the world, you mean the US, then yes, you are correct.

      If, however, you mean anywhere *but* the US, then you're fucking insane. MANY many more nations play cricket or rugby than play baseball. Despite the catchy "World Series" name, this really implies a myopic form of narcissism on the part of the US than it ascribes any form of widespread internationalism to the game of baseball.

    5. Re:NZ Law based on baseball rules? surely cricket! by Anonymous Coward · · Score: 0

      Except for the iron-tipped club, that's the piracy policy for the People's Republic of Me.

    6. Re:NZ Law based on baseball rules? surely cricket! by Anonymous Coward · · Score: 0

      Ba ha ha ha! That is an epic comment!

  12. 3 strikes for governments by Compaqt · · Score: 4, Insightful

    When is someone going to propose a 3 strikes law for government agencies (FBI, local police, state troopers, DEA, whatever)?

    3 instances of violating citizens' constitutional rights or rights to privacy of electronic data (email), and they're disconnected from the Internet.

    That should put the "3 strikes" nonsense into context.

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:3 strikes for governments by istartedi · · Score: 1

      You need a government of your own to do that. I have one for you on the other side of that bridge. I am willing to sell it to you. First though, you need to buy the bridge.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  13. Easy fix: by MMC+Monster · · Score: 3, Insightful

    Step 1 - Claim a copyright infringement on the music labels themselves.

    Step 2 - Claim a copyright infringement on the MPs involved.

    It's easy to claim an infringement. If you have a website and the IP address of these corporations have visited your website, they have a copy of the website in their cache.

    --
    Help! I'm a slashdot refugee.
    1. Re:Easy fix: by Yaa+101 · · Score: 1

      As if laws are valid for wealthy people and politicians, I am sorry but if you really want to solve this then only a revolution would do the job, so save your breath unless you really want to organize one.

  14. So long new zealand posters by Drakkenmensch · · Score: 2

    It's been nice knowing you guys. Write us some snail mail letters to let us know just how bad the RIAA/MPAA abuses of power are getting from time to time.

  15. A strike is when you miss by Anonymous Coward · · Score: 0

    Since when have the laws of baseball (or any game) been considered a sensible foundation for a nation's legislation?

    Not to mention that in baseball when the batter strikes the ball it's not a strike, a strike is when he misses. The correct grammar for that would be "three strikes and he is out", because it's the batter who goes out when the pitcher strikes the catcher's mitt with the ball.

    1. Re:A strike is when you miss by Anonymous Coward · · Score: 0

      Not to mention that in baseball when the batter strikes the ball it's not a strike, a strike is when he misses.

      You can also get a strike by hitting the ball out of play. You don't have to miss to get a strike.

  16. Mistaken assumption... by Anonymous Coward · · Score: 0

    Just based on claims? Wow, that's guilty before proven innocent, no?

    Looks like you are under some kind of mistaken assumption that NZL is supposed to be some kind of democracy or something.

    Despite appearances, it's actually a corporatocracy just like most other English-speaking countries these days.

  17. Not enforceable by mangu · · Score: 1

    Remember how it was leaked that u.s. govt. bullied spain govt. to passing such a bill, and how it unanimously got rejected when bullying was leaked.

    I believe it was rejected because it's a totally unenforceable law.

    How do you control who has access to the internet? Would you require ID for using a cyber cafe? How do you control that, put a police officer everywhere there is a public computer? How do you control WiFi networks? Make it a crime to have a weak password in your wireless router? What about dial-up? Require ID for everyone who makes an international call because there might be a modem at the other end?

    These proposals are so fucking stupid that I wonder how come no one raises these points more often.

    1. Re:Not enforceable by countertrolling · · Score: 1

      How do you control who has access to the internet?

      It's not all that difficult. China and Burma are doing a pretty good job of it. If all else fails you just drop anchor.. Mission accomplished.

      --
      For justice, we must go to Don Corleone
    2. Re:Not enforceable by unity100 · · Score: 2

      it wasnt rejected because it was unenforceable. french govt. accepted it, nz govt. accepted it, see, thats not a reason for rejection.

  18. Sony by SquirrelDeth · · Score: 1

    I claim Sony has infringed on my copyright not once, not twice, not thrice, but four times. Who do I complain to? Do they have an email address.

  19. chosen ones profits fail; end of civilization? by Anonymous Coward · · Score: 0

    much of the terrifying horrific media.gov supplied focusonable imagery associated with the never ending holycost profitseize looks fulfilling (to fortune tellers) enough, to merit even more adulation/ducats, to our rulers & other oddly chosen earth based deities/minions? & this is only willful wednesday?

  20. Rush Job by deadhammer · · Score: 5, Insightful

    Why is it that whenever some large industry wants their way, governments everywhere suddenly gets the power to push legislation through in under a day with no debate, but when people genuinely want better drug laws, equal marriage statutes, civil rights legislation, public healthcare and so forth then suddenly governments need time to "weigh the issue thoroughly" and "engage in discussion with all sides" and ends up taking months, years or decades to make any headway whatsoever. Why does ANY government that purports to be a democracy (or a democratic republic) have any ability to "push through" any law that's not a declaration of war or public emergency? Guess the MAFIAA really does run the world.

    --
    I'll be honest, we're throwing science against the wall to see what sticks. -Cave Johnson
    1. Re:Rush Job by TheSpoom · · Score: 2

      Because money speaks so much louder than people.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    2. Re:Rush Job by Kjella · · Score: 2

      Not louder, lobbyists are more like a swarm of insects. You are far stronger, but every time you wave your hand at election time they just evade you. Then as soon as you're done they're back in full force. It's like a war of attrition on Wikipedia where one is unemployed and the other barely has time to check in once a week. It's not the person who is right that wins, it's the person with the most time. And lobbyists do have all day to lobby their view.

      --
      Live today, because you never know what tomorrow brings
    3. Re:Rush Job by Anonymous Coward · · Score: 0

      Benefit of doubt (sort of):
      Could be that when the law is demanded by a mass of people the requirements are diverse, whereas when the law is demanded of an industry cartel the law comes prewritten.

    4. Re:Rush Job by Anonymous Coward · · Score: 0

      The NZ Government 'pushed through' the legislation under emergency legislative powers which they gave themselves in the wake of the recent Christchurch earthquake. That's partially why, as a New Zealand citizens I am so angry with out current National (right wing) Government, they claim to consult, then ignore the views of those they consult with. They promise positive reform and to keep GST rates at their current level, then do the exact Opposite. It's time to take the reigns of power from the Government's and put them back in the hands of the people. The time is now, rise up brothers and sisters, RISE UP!

    5. Re:Rush Job by Anonymous Coward · · Score: 0

      I'm just spit-balling here .. but could it be bribery? (??!!!!!!)

  21. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  22. ISPs by philmarcracken · · Score: 1

    It's hard to see ISP's policing this at all.. even if there is a law to disconnect someone, they are basically going to either a). end to end encrypt their traffic or b) lose customers to competitor ISPs (if their exist)

  23. Essential Service by Anonymous Coward · · Score: 2, Insightful

    You can't start calling the internet an essential service out of one side of your mouth and then deprive people of it over a civil complaint.

  24. alpha-3 vs. alpha-2 by tepples · · Score: 1

    It's just that a lot of Internet users are far more familiar with alpha-2 than alpha-3. For example, country code top-level domains (ccTLDs) use alpha-2 with only one exception (.uk rather than .gb due to JANET NRS heritage).

    1. Re:alpha-3 vs. alpha-2 by SuricouRaven · · Score: 1

      UK is actually a little bit bigger. The full title is 'United Kingdom of Great Britain and Northern Ireland.' As the name implies, UK == GB + NI.

      The Republic of Ireland we don't like to talk about. It just sits there, quietly on our border, refusing to join in. Looking suspicious.

    2. Re:alpha-3 vs. alpha-2 by tepples · · Score: 1

      The Republic of Ireland we don't like to talk about. It just sits there, quietly on our border, refusing to join in. Looking suspicious.

      And probably even running IE.

  25. Because a longer headine would risk getting trunca by tepples · · Score: 1

    It's not like there's a hard limit on the length of a heading, is there?

    The SLASH software does indeed have such a limit.

  26. The third strike must be a miss by tepples · · Score: 1

    You can also get a strike by hitting the ball out of play.

    A foul ball does not give a third strike. (Ignore bunts for a moment.)

  27. what about patent clams or stuff that is legal in by Anonymous Coward · · Score: 0

    what about patent clams or stuff that is legal / free in NZ but not in other other places makes a clam?

    what if it's over something there part of a right holder says it's ok but some other person makes a clam?

  28. Blame Florida by Drakkenmensch · · Score: 1

    This "three strikes and you're out" infantile framing of legislation drives me crazy. Since when have the laws of baseball (or any game) been considered a sensible foundation for a nation's legislation?

    When you get arrested and sent to jail for several years for shoplifting a VHS tape from a Wal-Mart because you already have two drug possession convictions on your file, you know something is wrong with the judiciary system.

    1. Re:Blame Florida by Anonymous Coward · · Score: 0

      Why?

      Clearly you keep breaking laws. They have you a second a third chance to stop doing that and you didn't. Why should your sentance not reflect the fact that you've demonstrated a pattern of unlawful behavior and no aparent intent to stop that pattern?

    2. Re:Blame Florida by Drakkenmensch · · Score: 1

      It's not about whether or not you should be punished, it's about disproportionate retribution. You should not be given a drug lord's sentence for shoplifting a small item.

    3. Re:Blame Florida by Anonymous Coward · · Score: 0

      But what about the prison guard lobby and the privatized penal system's interests?

      Doesn't anyone think of the jailers?

  29. What to do if you're a Kiwi by sconeu · · Score: 1

    Start filing copyright complaints against the content companies and consortia.

    Of course, then they'll just push for new legislation exempting themselves from 3-strikes.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  30. That's not what I got out of the speech... by Any+Web+Loco · · Score: 1
  31. Voting for policies, not parties by Anonymous Coward · · Score: 0

    This is why we, the people, should DEMAND a weekly or monthly vote, on whatever the hell WE want. We should be voting for policies, not parties. The political parties just reneg on their promises as soon as they get into power, so in what way is that democracy?

    This is just another classic example of the Jewish mafia who own your country, flexing their muscles.

  32. Are corporations immune? by karl.auerbach · · Score: 1

    What about corporations?

    There are corporate companies such as those that use open source in violation of the license or data-harvesting companies that are likely to have three infringements an hour - are those companies subject to this law? Could Google, if it were found to have 3 violations, be knocked off the net for 6 months?

  33. Ashamed to be Kiwi by kitanai · · Score: 1

    I'm very disappointed in this law, and ashamed to be kiwi. The three main things I'm against is: a) The law goes against a basic principle of our justice system which is "innocent until proven guilty" b) It was pushed through parliament by a process which circumvents most of our democratic protections c) It still doesn't deal with the fact that account holder != computer != person I was involved in the consultation for the first version of this law, and the process for the notices is a horrible convoluted pass-the-buck around ISPs due to the issues surrounding IP ownership vs the end relationship with the customer, which is further complicated due to our privacy laws. I've always said that the law was akin to charging the owner of a car with a hit-and-run when they weren't the driver. Shame on you NZ Parliament!

  34. I am ALL for this....because its gonna backfire... by JohnRoss1968 · · Score: 2

    This is AWESOME.......
    So we can just pick someone and constantly report them for copyright infringement and have their internet shut off......
    Now does anyone have a list of the people that voted for this 'Magical' law???????

  35. Another flaw: Collective punishment. by SuricouRaven · · Score: 1

    Surprisingly, no-one in the above comments seems to have pointed this out (Unless it's burried too deep for me to have noticed). Internet access isn't supplied per-person. It's per-household. That makes this essentially collective punishment: If one member of the household commits the offense, then they are all made to suffer.

  36. And the Fine! $15000 by Master+Moose · · Score: 2

    People also seem to be excluding the fine that may accompany the legislation. But here are some other tid- bits. . All is not lost (yet).

    I am amazed that this sort of thing will go through on an election year!

    from:
    http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10719201

    While the ability for copyright holders to apply to have repeat offenders disconnected remains in the legislation, it will not come into effect unless after two years it is shown that other less severe sanctions are ineffective.

    Those sanctions include warning notices from ISPs to their customers informing them they have infringed copyright, and an extension of the Copyright Tribunal's jurisdiction to provide a fast-track, low-cost process to hear illegal file sharing claims.

    The tribunal will also be able to award penalties of up to $15,000 based on damages sustained by the copyright owner.

    --
    . . .gone when the morning comes
  37. bah by Corse32 · · Score: 1

    bah bah black sheep what a waste of frikken time

  38. Just emailed Simon Power by mudshark · · Score: 1

    He happens to be the MP for my electorate, too...never been too happy with the bloke but this takes the cake.

    To the Hon. Simon Power -

    I am appalled at the decision to pass the Copyright Amendment Act under urgency this week, and even more so at the retention of the account termination provision which has been left in the bill. Your championing of this measure shows a callous disregard for due process at the individual level and for democratic process at the parliamentary level. The errors committed in passing this legislation, which amounts to a 20th-century solution for a 19th-century business model faced with a 21st-century problem, are grave and will be difficult to undo.

    Points which need to be understood in this matter are as follows:

    1) Copyright infringement is a civil matter. By placing ordinary citizens under threat of onerous and disproportionate consequences for alleged offences, this legislation criminalises an action which should rather be resolved in civil proceedings and places ISPs and Crown authority in the position of acting as enforcers for large media and publishing interests. I need not remind you that these interests are nearly all overseas, so in essence you are ceding another piece of New Zealand sovereignty at the behest of international lobbyists.

    2) Internet access is ubiquitous enough to be considered a utility. Most households rely on their internet connectivity for at least some portion of their daily communications, including email, voice and access to work, school, commercial and public services. If you would have us believe that there is logical justification for termination of internet connectivity as a consequence of infringement, then you need to be able to make a similar case for cutting off someone's water, phone, power and post, as any of these could further someone's ability to break the law.

    3) The move to pass the bill under urgency is cynical and undemocratic. The far-reaching implications of a law which could quite conceivably deprive New Zealanders of their ability to communicate via commonplace and ordinary means in the face of allegations by foreign content providers require a full public airing and transparency. Sneaking it in amongst the firewood signals your unwillingness to have an honest debate about what is actually at stake here and shows once again how this Government uses parliamentary process to act in a unitary fashion. The cover provided by the ongoing Canterbury putsch is only too convenient.

    I reside in the Rangitikei electorate and have never felt so inadequately represented (or so ably misrepresented). Please, Mr Power, leave the Government now before you do any further damage to our country.

    --
    In other news, astrophysicists have announced that they now know what all that dark matter is: it's stupidity.
  39. Assumes copyright infringement is internet-based by jedwidz · · Score: 1

    One of the many daft aspects of this law, but one not well covered already, is that it's based on the faulty assumption that the piracy is occurring over the internet.

    Speaking as a New Zealander myself, there's an economic barrier to piracy in that internet access here is slow and expensive. I have a pretty good plan at 40GB/month at $80 plus $3/GB for excess usage. Aside from recent and obscure stuff, it's generally cheaper and more convenient (not to mention legal) to hire from the local video library.

    I'll hazard a guess that a large proportion of file sharing in NZ happens off-the-radar with people passing portable HDDs around. No less so with this new law in place. But that's already covered by existing laws, and that's as much as the government can do since it's impractical to enforce.

    And another thing - this law apparently deals with downloaders as copyright infringers, rather than the party they're downloading from. Without being clued up on copyright law, this strikes me as utterly nonsensical. Downloading is *not* an act of copying. How exactly do you copy something you don't already have possession of? If I buy a pirated book (knowingly or otherwise), have I infringed copyright?

  40. Genius! by Anonymous Coward · · Score: 0

    Now they only need to make one law that obliges me to buy their shit! It's the only way they will ever see the color my money.

  41. Except when nobody understands the analogy by fantomas · · Score: 1

    ...except when nobody understands the analogy! Speaking as a Brit, only by posting my comment have I discovered through feedback that a strike in baseball is when the batsman (or whatever he is called in that game) misses the ball. Weird, new knowledge to me anyway. I'd assumed a strike had something to do with the striking (hitting) of the ball. My ignorance.

    So I think you got to pick an analogy that the local public get. Not sure how big a game baseball is in NZ, hence my cheeky suggestion they should go for cricket or rugby analogies instead... Certainly in the UK baseball is very much a minority sport, nobody really plays it, nobody learns it at school. If you go for baseball analogies here people will look at you blankly. The only reason people buy baseball bats here is because they want to hit somebody, if you were walking down the street with one the chances are the police might pull over and have a friendly chat with you to check you're not up to no good (while they wouldn't look twice if you were walking down the street with a cricket bat under your arm).

  42. With a little reworking, might not be that bad.. by Journe · · Score: 1

    In theory, it's somewhat of a decent idea..I would say that you need an investigation to do anything (which will never happen, let's be reasonable). First and second strikes are a warning letter, third strike is 6-month disconnection (from that ISP). Hell, maybe even blacklisting your ISP after your fifth or sixth.

    The problem in general with these laws is that there's probably not going to be any actual investigation, which is how it really screws everyone. I don't think they're necessarily a "Whoa, whoa, let's not go this far" thing, so much as just needing a lot more moderation and informed argument.

  43. What would be perfect and funny as well by Cito · · Score: 1

    Everyone in New Zealand all pirate, every internet customer pirates movies/mp3s and really blatantly too. Everyone gets their internet shut off for 6 months ISP goes out of business and bankrupts due to lack of subscribers :)