In 12 days, the new sections of the New Zealand Copyright (New Technologies) Amendment Act 2008 come into force. These new sections, part of Section 92, bring into effect "guilt upon accusation" whereby anyone, anyone at all, can accuse a New Zealand resident of copyright infringement without any requirement for evidence, and ISP's, which will be forced to act as Internet Police, must then remove internet access.
If you are not aware of all this new law entails I encourage you to read the information on the Creative Freedom NZ site.
Copyright infringement is wrong, but should people, schools, and hospitals have their internet connections and websites cut off due to accusations of copyright infringement?
Creative Freedom NZ
It is easier for ISPs, Internet Service Providers, to cut off anyone who might be breaking the law.
– Judith Tizard (while Labour MP) in a bFM interview
Too bad if the IP has been spoofed, or the accusation is unfounded or even malicious - there is no right for contesting the claim. Too bad too if the IP is being used by a school, library, university, or business.
The Labour Government, which enacted this inequitable law before being soundly defeated in the last election, decided not to take the Copyright Amendment Act to Select Committee, reinserted S.92A following its removal during the Select Committee stages, thereby denying New Zealanders of the right to represent their opinions on this law change to their elected representatives. For months, rights holders, artists, libraries and even ISP's, have been lobbying government to change S.92. Letters have been sent to members of Parliament, radio debates have taken place, petitions run, and news media reports have kept the issue in the public eye. So far, the new National Government refuses to listen.
From today until February 23rd, New Zealanders and all those who oppose such oppressive and unjust laws, began a campaign urging, "Join New Zealand Internet blackout protest against insane copyright law", users of Twitter, Facebook, and other social networking sites are replacing their avatars with a black image and signifying their opposition to S.92. You can read more about the campaign here: http://www.geekzone.co.nz/juha/6247
I urge all of you who believe in justice to join the campaign - nothing else has swayed the New Zealand government but perhaps they will take notice of a campaign that gathers momentum across the internet. If you read New Zealand blogs, benefit from New Zealand-based open source software, listen to New Zealand music, (all of which comes under threat when anyone can vexatiously claim copyright infringement and get Net access removed, with no proof needed) or if you are simply concerned that your country could follow New Zealand's example - join the blackout protest now!
UPDATE:
One should always re-read posts before hitting publish. I didn't and as was pointed out in the comments the bill itself did indeed go to Select Committee. New Zealanders were, however, lulled into a false sense of security because S.92A had been removed. This was later added back with no opportunity for public comment before the Act was passed by parliament.
UPDATE:
17th February
In a response to requests, I have added the link to the Copyright (New Technologies) Amendment Act.
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New blog post: Internet Blackout Protest Against NZ Copyright Amendment http://tinyurl.com/ah4qzy
#blackout why am I blacked out? http://tinyurl.com/ah4qzy
and
http://www.geekzone.co.nz/juha/6247
Speaking of fights on (and over) internet: #blackout http://tinyurl.com/ah4qzy Guilt upon accusation is UNACCEPTABLE.
The Act did go to select committee, where it was recommended S92a be removed, but it was reinserted before the final vote.
Just to add - if you are blacking out your avatar and joining the protest on Twitter or identi.ca or the like, use these hashtags in your messages: #blackout and #s92a. These will allow the media and anyone else who is following the action to see the level of support in a glance.
On Twitter, you can follow the action by entering those hashtags into http://tweetgrid.com/
Ah, yes, I should have been clearer Hamish. It did indeed go to Select Committee. The insertion of S.92A did not go out for public comment though because of the way it was reintroduced.
What happened was that the Select Committee removed it, but the minister at the time, Judith Tizard, served Standing Order Papers on the committee and had Section 92A reinserted that way.
Another important issue is that the every organisation that provides Internet services is an ISP in the eyes of the law. Schools, libraries, councils, businesses etc. They're all affected, and the TCF Code of Practice doesn't not apply to them - it only applies to telcos and "real" ISPs.
@Juha: The issue, too, is that the TCF Code of Practice is only a draft code that is voluntary and which has no real standing under the Copyright Amendment Act unless it is later adopted as a regulation. So, while some ISP's are saying they will adopt a "three strikes and you are out" policy others can just as easily say they can't be bothered with the additional work for compliance so will simply throw anyone off who is accused of copyright violation.
The definition of "ISP"can also encompass a family, where Mum or Dad work from home and rely on internet access for their living, but who also allow other family members to use their Net connection. By by-passing jurisprudence entire households can be punished for an unproven act by one. The law does not take any circumstances into account, nor does a claim need to be proven by a preponderance of evidence.
I am an ISP (share my connection) and am also a rights holder in copyright material. No part of the Amendment Act protects my work but if I manage to annoy anyone I risk them making vexatious claims that could see me thrown off the Net. Where is natural justice in any of this? Not to mention my rights under the Bill of Rights
Stop the rot: read http://tinyurl.com/ah4qzy to find out about the rediculous new NZ Copyright law then help oppose it!
SUpport the INternet Blackout Protest Against NZ Copyright amendment: http://tinyurl.com/ah4qzy
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