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	<title>Comments on: An unworkable copyright law</title>
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	<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html</link>
	<description>DPF&#039;s Kiwiblog - Fomenting Happy Mischief since 2003</description>
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		<title>By: Rob .</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487471</link>
		<dc:creator>Rob .</dc:creator>
		<pubDate>Fri, 19 Sep 2008 08:31:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487471</guid>
		<description>Only the Green Party and the Māori Party voted against the third reading of the bill according to the Hansard record:

---
A party vote was called for on the question, That the Copyright (New Technologies) Amendment Bill be now read a third time.

Ayes 111
    * New Zealand Labour 49
    * New Zealand National 48
    * New Zealand First 7
    * ACT New Zealand 2
    * United Future 2
    * Progressive 1
    * Independent 2 (Copeland, Field)

Noes 10
    * Green Party 6
    * Māori Party 4

Bill read a third time.
---

http://theyworkforyou.co.nz/bills/copyright_new_technologies_performers/2008/apr/08/third_reading#28

http://www.parliament.nz/en-NZ/PB/Debates/Debates/5/2/4/48HansD_20080408_00000860-Copyright-New-Technologies-Amendment-Bill.htm#page_15428</description>
		<content:encoded><![CDATA[<p>Only the Green Party and the Māori Party voted against the third reading of the bill according to the Hansard record:</p>
<p>&#8212;<br />
A party vote was called for on the question, That the Copyright (New Technologies) Amendment Bill be now read a third time.</p>
<p>Ayes 111<br />
    * New Zealand Labour 49<br />
    * New Zealand National 48<br />
    * New Zealand First 7<br />
    * ACT New Zealand 2<br />
    * United Future 2<br />
    * Progressive 1<br />
    * Independent 2 (Copeland, Field)</p>
<p>Noes 10<br />
    * Green Party 6<br />
    * Māori Party 4</p>
<p>Bill read a third time.<br />
&#8212;</p>
<p><a href="http://theyworkforyou.co.nz/bills/copyright_new_technologies_performers/2008/apr/08/third_reading#28" rel="nofollow">http://theyworkforyou.co.nz/bills/copyright_new_technologies_performers/2008/apr/08/third_reading#28</a></p>
<p><a href="http://www.parliament.nz/en-NZ/PB/Debates/Debates/5/2/4/48HansD_20080408_00000860-Copyright-New-Technologies-Amendment-Bill.htm#page_15428" rel="nofollow">http://www.parliament.nz/en-NZ/PB/Debates/Debates/5/2/4/48HansD_20080408_00000860-Copyright-New-Technologies-Amendment-Bill.htm#page_15428</a></p>
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		<title>By: Mike</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487454</link>
		<dc:creator>Mike</dc:creator>
		<pubDate>Fri, 19 Sep 2008 07:30:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487454</guid>
		<description>Cause you have to pretend that your for free speech or the &#039;punters&#039; wont vote for you remember?</description>
		<content:encoded><![CDATA[<p>Cause you have to pretend that your for free speech or the &#8216;punters&#8217; wont vote for you remember?</p>
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		<title>By: adc</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487449</link>
		<dc:creator>adc</dc:creator>
		<pubDate>Fri, 19 Sep 2008 07:07:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487449</guid>
		<description>&quot;in appropriate circumstances&quot; leaves a hole wide enough for the Bismark to cruise through.

Anyway - why not just use this to shut down the Labour Party website?</description>
		<content:encoded><![CDATA[<p>&#8220;in appropriate circumstances&#8221; leaves a hole wide enough for the Bismark to cruise through.</p>
<p>Anyway &#8211; why not just use this to shut down the Labour Party website?</p>
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		<title>By: Mike</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487443</link>
		<dc:creator>Mike</dc:creator>
		<pubDate>Fri, 19 Sep 2008 06:02:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487443</guid>
		<description>&quot;Redbaiter (3653) Vote: Add rating 3  Subtract rating 0   Says:
September 19th, 2008 at 2:04 pm

What is it with NZ’s legislative experts that they are apparently so inexpert?? There clearly needs to be a massive overhaul of the departments coming up with this stuff. They must be staffed and managed by absolute incompetents. Labour party aparachiks?? &quot;

I think you&#039;ll find that the Americans wrote this law.</description>
		<content:encoded><![CDATA[<p>&#8220;Redbaiter (3653) Vote: Add rating 3  Subtract rating 0   Says:<br />
September 19th, 2008 at 2:04 pm</p>
<p>What is it with NZ’s legislative experts that they are apparently so inexpert?? There clearly needs to be a massive overhaul of the departments coming up with this stuff. They must be staffed and managed by absolute incompetents. Labour party aparachiks?? &#8221;</p>
<p>I think you&#8217;ll find that the Americans wrote this law.</p>
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		<title>By: lyndon</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487405</link>
		<dc:creator>lyndon</dc:creator>
		<pubDate>Fri, 19 Sep 2008 04:28:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487405</guid>
		<description>pushmepullu: +1 for the rhetorical device of irony.


Speaking as someone who collages regularly, I worry. The notice-and-takedown regime isn&#039;t good either. See &lt;a href=&quot;http://www.medialawjournal.co.nz/?p=96&quot; rel=&quot;nofollow&quot;&gt;Media Law Journal&lt;/a&gt;, follow the trackback back to Kiwiblog</description>
		<content:encoded><![CDATA[<p>pushmepullu: +1 for the rhetorical device of irony.</p>
<p>Speaking as someone who collages regularly, I worry. The notice-and-takedown regime isn&#8217;t good either. See <a href="http://www.medialawjournal.co.nz/?p=96" rel="nofollow">Media Law Journal</a>, follow the trackback back to Kiwiblog</p>
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		<title>By: xy</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487374</link>
		<dc:creator>xy</dc:creator>
		<pubDate>Fri, 19 Sep 2008 03:53:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487374</guid>
		<description>Are you really claiming this whole Hansard extract was faked up? 

http://theyworkforyou.co.nz/bills/copyright_new_technologies_performers/2008/apr/08/third_reading

Sure, National didn&#039;t sound happy with it, but they still voted for it.</description>
		<content:encoded><![CDATA[<p>Are you really claiming this whole Hansard extract was faked up? </p>
<p><a href="http://theyworkforyou.co.nz/bills/copyright_new_technologies_performers/2008/apr/08/third_reading" rel="nofollow">http://theyworkforyou.co.nz/bills/copyright_new_technologies_performers/2008/apr/08/third_reading</a></p>
<p>Sure, National didn&#8217;t sound happy with it, but they still voted for it.</p>
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		<title>By: pushmepullu</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487356</link>
		<dc:creator>pushmepullu</dc:creator>
		<pubDate>Fri, 19 Sep 2008 03:39:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487356</guid>
		<description>Sorry DPF but I think you need to check your sources.

National have always taken a strong stand against Labour&#039;s anti-growth agenda, as incarnate in this law.  What possible reason would they have to compromise it?  Can you really see principled people like John Key, Lockwood Smith or Murray McCully voting for this?  It just doesn&#039;t pass the &#039;bullshit&#039; test.  Same goes for ACT.  And as for the Greens... have they ever met a regulation they don&#039;t like?

I would suggest talking to those who were on the floor of Parliament.  I would not put it past Labour to doctor the Hansard record to try and make it look like they had broad support.  They&#039;ve done that kind of thing in the past.</description>
		<content:encoded><![CDATA[<p>Sorry DPF but I think you need to check your sources.</p>
<p>National have always taken a strong stand against Labour&#8217;s anti-growth agenda, as incarnate in this law.  What possible reason would they have to compromise it?  Can you really see principled people like John Key, Lockwood Smith or Murray McCully voting for this?  It just doesn&#8217;t pass the &#8216;bullshit&#8217; test.  Same goes for ACT.  And as for the Greens&#8230; have they ever met a regulation they don&#8217;t like?</p>
<p>I would suggest talking to those who were on the floor of Parliament.  I would not put it past Labour to doctor the Hansard record to try and make it look like they had broad support.  They&#8217;ve done that kind of thing in the past.</p>
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		<title>By: berend</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487351</link>
		<dc:creator>berend</dc:creator>
		<pubDate>Fri, 19 Sep 2008 03:32:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487351</guid>
		<description>The Maori party also voted for it. ACT, to their shame, voted for it.

And why didn&#039;t we know about this before? I mean, I&#039;m reasonably informed, but why wasn&#039;t there a stink before? And how many acts has parliament passed this year that are deeply flawed? But thanks to John Key, none of this is gonna change. It will be business as usual. It&#039;s that the Greens voted to ban political speech, else I might have considered voting for them this year.</description>
		<content:encoded><![CDATA[<p>The Maori party also voted for it. ACT, to their shame, voted for it.</p>
<p>And why didn&#8217;t we know about this before? I mean, I&#8217;m reasonably informed, but why wasn&#8217;t there a stink before? And how many acts has parliament passed this year that are deeply flawed? But thanks to John Key, none of this is gonna change. It will be business as usual. It&#8217;s that the Greens voted to ban political speech, else I might have considered voting for them this year.</p>
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		<title>By: Alan Wilkinson</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487328</link>
		<dc:creator>Alan Wilkinson</dc:creator>
		<pubDate>Fri, 19 Sep 2008 02:56:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487328</guid>
		<description>&quot;This is far too technical and difficult for politicians and we can&#039;t be bothered working this out so we&#039;ll just let the private sector fight it out in court with their own money and leave it to the judges to make some case law.  That will keep the Yanks happy.&quot;</description>
		<content:encoded><![CDATA[<p>&#8220;This is far too technical and difficult for politicians and we can&#8217;t be bothered working this out so we&#8217;ll just let the private sector fight it out in court with their own money and leave it to the judges to make some case law.  That will keep the Yanks happy.&#8221;</p>
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		<title>By: davidp</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487322</link>
		<dc:creator>davidp</dc:creator>
		<pubDate>Fri, 19 Sep 2008 02:27:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487322</guid>
		<description>I investigated a number of complaints of file sharing by the US Motion Picture copyright people at my last job. In all but one case, the IP addresses they supplied were on subnets that weren&#039;t in use. The one that was actually correct was a computer that didn&#039;t have file sharing software installed and had no file sharing traffic in its internet logs. The letters they sent were amateurish in the extreme, with ambiguous US-style date formats, references to named US laws that obviously didn&#039;t apply in Australia, and they left &quot;USA&quot; off their own physical address. 

I wouldn&#039;t trust ANYTHING these guys claim. But, unless ISPs want to spend a few hours investigating each complaint, then the default position will be to terminate the customer&#039;s service. It&#039;s a bad law.</description>
		<content:encoded><![CDATA[<p>I investigated a number of complaints of file sharing by the US Motion Picture copyright people at my last job. In all but one case, the IP addresses they supplied were on subnets that weren&#8217;t in use. The one that was actually correct was a computer that didn&#8217;t have file sharing software installed and had no file sharing traffic in its internet logs. The letters they sent were amateurish in the extreme, with ambiguous US-style date formats, references to named US laws that obviously didn&#8217;t apply in Australia, and they left &#8220;USA&#8221; off their own physical address. </p>
<p>I wouldn&#8217;t trust ANYTHING these guys claim. But, unless ISPs want to spend a few hours investigating each complaint, then the default position will be to terminate the customer&#8217;s service. It&#8217;s a bad law.</p>
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		<title>By: getstaffed</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487320</link>
		<dc:creator>getstaffed</dc:creator>
		<pubDate>Fri, 19 Sep 2008 02:26:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487320</guid>
		<description>I have been involved in writing Hosting Services agreements that take this Act into consideration. It&#039;s a nightmare. Completely unworkable, and sets us up for unnecessary disagreement with our clients.</description>
		<content:encoded><![CDATA[<p>I have been involved in writing Hosting Services agreements that take this Act into consideration. It&#8217;s a nightmare. Completely unworkable, and sets us up for unnecessary disagreement with our clients.</p>
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		<title>By: Redbaiter</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487318</link>
		<dc:creator>Redbaiter</dc:creator>
		<pubDate>Fri, 19 Sep 2008 02:24:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487318</guid>
		<description>&quot;you get the picture………&quot;

Why did we ever permit them to come further south than Hadrian&#039;s Wall??</description>
		<content:encoded><![CDATA[<p>&#8220;you get the picture………&#8221;</p>
<p>Why did we ever permit them to come further south than Hadrian&#8217;s Wall??</p>
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		<title>By: PhilBest</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487314</link>
		<dc:creator>PhilBest</dc:creator>
		<pubDate>Fri, 19 Sep 2008 02:19:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487314</guid>
		<description>I remember a discussion I had with a friend who is a staunch Labour Party supporter (yes, I do have shared interests outside politics that enable friendships that stand even this sort of test) about 6 years ago, where he said that he didn&#039;t care what the backgrounds were of the candidates or MP&#039;s he was voting for, the thing that mattered, he said, was whether or not they could do their jobs. I said at the time, &quot;They won&#039;t be able to - I promise you that. Certain character flaws are insurmountable&quot;. 

He has actually conceded recently that I was right, and says he will not be voting Labour this time. We are talking here about a guy who has always voted Labour because his father did, and his grandfather, and all their ancestors from the north of England......you get the picture.........</description>
		<content:encoded><![CDATA[<p>I remember a discussion I had with a friend who is a staunch Labour Party supporter (yes, I do have shared interests outside politics that enable friendships that stand even this sort of test) about 6 years ago, where he said that he didn&#8217;t care what the backgrounds were of the candidates or MP&#8217;s he was voting for, the thing that mattered, he said, was whether or not they could do their jobs. I said at the time, &#8220;They won&#8217;t be able to &#8211; I promise you that. Certain character flaws are insurmountable&#8221;. </p>
<p>He has actually conceded recently that I was right, and says he will not be voting Labour this time. We are talking here about a guy who has always voted Labour because his father did, and his grandfather, and all their ancestors from the north of England&#8230;&#8230;you get the picture&#8230;&#8230;&#8230;</p>
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		<title>By: burt</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487311</link>
		<dc:creator>burt</dc:creator>
		<pubDate>Fri, 19 Sep 2008 02:10:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487311</guid>
		<description>Redbaiter

I think the problem is they simply put their own ease of administration before the best interests of NZ. Typical self serving behaviour. Look at the EFA - pretty much describes Labour&#039;s actions from the 2005 election. Suckers didn&#039;t get Glenn&#039;s money this time though did they.</description>
		<content:encoded><![CDATA[<p>Redbaiter</p>
<p>I think the problem is they simply put their own ease of administration before the best interests of NZ. Typical self serving behaviour. Look at the EFA &#8211; pretty much describes Labour&#8217;s actions from the 2005 election. Suckers didn&#8217;t get Glenn&#8217;s money this time though did they.</p>
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		<title>By: Redbaiter</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487307</link>
		<dc:creator>Redbaiter</dc:creator>
		<pubDate>Fri, 19 Sep 2008 02:04:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487307</guid>
		<description>What is it with NZ&#039;s legislative experts that they are apparently so inexpert?? There clearly needs to be a massive overhaul of the departments coming up with this stuff. They must be staffed and managed by absolute incompetents. Labour party aparachiks?? 

&quot;Labours distaste for free speech.&quot; ..???? Yeeech. Don&#039;t foul up another thread.</description>
		<content:encoded><![CDATA[<p>What is it with NZ&#8217;s legislative experts that they are apparently so inexpert?? There clearly needs to be a massive overhaul of the departments coming up with this stuff. They must be staffed and managed by absolute incompetents. Labour party aparachiks?? </p>
<p>&#8220;Labours distaste for free speech.&#8221; ..???? Yeeech. Don&#8217;t foul up another thread.</p>
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		<title>By: burt</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487304</link>
		<dc:creator>burt</dc:creator>
		<pubDate>Fri, 19 Sep 2008 02:03:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487304</guid>
		<description>Another god awful piece of shit legislative legacy of the incompetent and self serving Labour-led govt. Thank Winston and his truth prisoners for that!</description>
		<content:encoded><![CDATA[<p>Another god awful piece of shit legislative legacy of the incompetent and self serving Labour-led govt. Thank Winston and his truth prisoners for that!</p>
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		<title>By: redbaiter_baiter</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487299</link>
		<dc:creator>redbaiter_baiter</dc:creator>
		<pubDate>Fri, 19 Sep 2008 01:53:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487299</guid>
		<description>Given that ISP&#039;s are likely to err on the side of caution this could clearly be used to shutdown free speech.

For example charlatans like Uri Geller &amp; Benny Hinn have used threats of legal action against You Tube to shutdown debunking of their snake oil inspite of fair use provisions in copyright law.

I can see Winston Peters preventing satirical cartoons by claiming copyright over his image perhaps and threatening ISP&#039;s with legal action. All very murky and disturbing given Labours distaste for free speech.

Bryan Spondre</description>
		<content:encoded><![CDATA[<p>Given that ISP&#8217;s are likely to err on the side of caution this could clearly be used to shutdown free speech.</p>
<p>For example charlatans like Uri Geller &amp; Benny Hinn have used threats of legal action against You Tube to shutdown debunking of their snake oil inspite of fair use provisions in copyright law.</p>
<p>I can see Winston Peters preventing satirical cartoons by claiming copyright over his image perhaps and threatening ISP&#8217;s with legal action. All very murky and disturbing given Labours distaste for free speech.</p>
<p>Bryan Spondre</p>
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		<title>By: pushmepullu</title>
		<link>http://www.kiwiblog.co.nz/2008/09/an_unworkable_copyright_law.html#comment-487294</link>
		<dc:creator>pushmepullu</dc:creator>
		<pubDate>Fri, 19 Sep 2008 01:43:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=27194#comment-487294</guid>
		<description>I think you&#039;ll find that neither National nor ACT voted for this hideously flawed law with its presumptions of consumer guilt and heavy bias towards the nanny-state, and nor would I expect them to as it greatly compromises the most cherished value of these two parties - individual freedom.  Conversely, the Greens, consistent with their desire to shackle New Zealand commerce under heavy chains of moralist guilt, supported it strongly.

[DPF: No National definitely voted for it and I think ACT did also. The Greens voted against and have been admirably strong on this issue]</description>
		<content:encoded><![CDATA[<p>I think you&#8217;ll find that neither National nor ACT voted for this hideously flawed law with its presumptions of consumer guilt and heavy bias towards the nanny-state, and nor would I expect them to as it greatly compromises the most cherished value of these two parties &#8211; individual freedom.  Conversely, the Greens, consistent with their desire to shackle New Zealand commerce under heavy chains of moralist guilt, supported it strongly.</p>
<p>[DPF: No National definitely voted for it and I think ACT did also. The Greens voted against and have been admirably strong on this issue]</p>
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