What you can do about Section 92A(crossposted from CreativeFreedom.org.nz)
Simon Power was interviewed by Sean Plunket (MP3) about the recent decision to delay Section 92A to allow for the TCF and APRA/RIANZ/NZFACT to reach agreement. In the interview Sean Plunket asks "So you're leaving it to two groups, that are non-government, with no representation from the users subject to the law, to work out how to implement the Copyright Act?". Well, quite. Not only aren't customers involved but many copyright holders aren't neither are the majority of ISPs (under the new broad definition of an ISP). Read about the two things you can do, inside...
There are two things to do,
ONE: We need to help solve APRA/RIANZs legitimate grievances about illegal downloads in a way that respects our rights. Expecting thousands of untrained ISPs to be experts at data forensics and copyright law is impractical and ridiculous, as is giving the right to judge to copyright holders. We and many others have suggested an independent 3rd party to judge this... a Copyright Tribunal (probably, as an expansion of scope of the existing Copyright Tribunal). Read about the support for this idea.
What you can do: It so happens that the Law Commission is calling for submissions on current tribunals. Submissions close this Saturday the 28th, so politely tell them about the demand for this, and that they can help resolve this problem.
TWO: The the TCF draft is open to comments from anyone and you should have your say.
What you can do: I suggest printing out the 33 page draft (PDF) and makes notes on it, perhaps while consulting our forums, the Internet NZ comments on the TCF Policy and Brenda Wallace's draft submission.
As always, keep it polite and friendly, it'll be persuasive that way. Tell the TCF who you speak for, how many people, and which specific parts make sense.
I suggest talking about these core issues:
- Alternate Section F on pages 30-33: that allows for approved copyright holders to judge disputes (yes, the accuser decides whether the accused infringed copyright).
- How there needs to be an independent body that decides this because expecting thousands of untrained ISPs to do this is risky. Suggest that they work with the Law Commission and the Copyright Tribunal for this.
- Who should pay for investigations?
- Anything else? Post in the comments and I'll include it here.