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Judith Tizard on New Zealand Copyright Law: we are all pirates and idiots

By Mauricio Freitas, in , posted: 2-Mar-2009 10:04

A piece from Tom Pullar-Strecker on Business Day today brings Judith Tizard's views on the New Zealand Copyright Law, the same one she pushed ahead.

She says:

"Ms Tizard, who served as associate Commerce Minister under Labour till she lost her seat in November, says she doesn't mind the delay. But she says advising ISPs the clause might be scrapped meant they now had no incentive to seek a deal with the recording industry over how to deal with repeat copyright infringers."


ISPs have no insterest in having a "deal" with the recording industry, because ISPs are not in the business of monitoring what users do with their connections. This would be the same as asking Ford to make sure people who go over speed limits don't get to buy another Ford vehicle in the future. Insane, isn't it?

And she goes on:


"In my view they have completely fluffed it. The whole point of the act is that there are competing interests and what we need is the ISPs and the copyright holders to get together and talk about it."



Ok... And the way of getting ISPs and copyright holders to seat and discuss is by punishing the users?

More:


Ms Tizard says New Zealand music makers have been losing out because of piracy. "What we were worried about in particular was peer-to-peer file sharing. New Zealanders who make music and films can lose everything almost overnight if their work is illegally posted. One of the big recording studios told me that whereas a couple of years ago they were fully booked and when they were giving time away it was at 4am, now they are only about 60 per cent booked."


Are you saying that local artists are recording less because of piracy? Have you seen any studies that confirm once and for all that illegal music downloads are hurting the industry? I mean a study not funded by any association with interests in the outcome of such a study?

As I said before, the industry says "CD sales are declining" and relate this instantly to "illegal music downloads". What they don't tell us is how much more music is being sold online through legal online stores such as Digirama, Telecom, Vodafone, Dick Smith, Apple iTunes and others. Perhaps people are buying less CDs because they are buying more online?

Instead of showing "number of CD sales" the music industry should be showing "average revenue per song" on the Top 100? Why not change the metric?

Or perhaps since Judith Tizard seems so keen on regulating stuff, why not demand the recording industry to keep up with times and technologies and offer other medium for their content?

And an anti-democratic comment:


Protests against section 92a that saw some websites temporarily removed and bloggers black out their photos were "childish", she says.



No protest is childish. It's the people demonstrating the only way they can, against much stronger forces.


"It is not going to get us any further forward. While I understand the concern of internet users who think that their rights to free music and free films are threatened, the right is not to steal New Zealand music and film makers' work. The right to use the internet is a vital one, but libraries can provide it."


I doubt many Internet users - the ones who adhered to the manifestation at least - are fighting for "free music" and "free films". No one condone copyright violations. I hate when people steal my content for goodness sake.

Once and for all please understand, Judith Tizard, people are fighting for their right of due process in court of law, not a mock of a law you helped create.

For background information on this law, read:

http://www.geekzone.co.nz/juha/6247
http://www.geekzone.co.nz/juha/6281
http://www.geekzone.co.nz/juha/6270
http://www.geekzone.co.nz/juha/6260

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Mauricio Freitas
Wellington
New Zealand


I live in New Zealand and my interests include mobile devices, good books, movies and food of course! 

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