Re: DMCA now law in NZ

2008-04-10 Thread Wesley Parish
_I_ know what copyright covers - but reading some of the weird cases in the 
States about the RIAA for example, and knowing that the RIAA (and the MPAA) 
is the source of much of what passes for copyright law these days - much as 
the big computer companies in the States are the source of what passes 
for patent law these days, I would not put it past people to attempt to 
game the system in that way.  The system is built to be gamed.

Wesley Parish

On Thursday 10 April 2008 10:26, Nick Rout wrote:
 On Wed, April 9, 2008 9:14 pm, Wesley Parish wrote:
  And what happens if I write a story where that happens, and decide that
  the
  government has infringed my copyright by enacting a fictitious happening
  in
  real life?  Without receiving a license from the author to do that a la a
  movie adaption agreement?
 
  You can't reason with some people, can you?

 Some people have some weird odeas on what copyright covers!

-- 
Clinersterton beademung, with all of love - RIP James Blish
-
Gaul is quartered into three halves.  Things which are 
impossible are equal to each other.  Guerrilla 
warfare means up to their monkey tricks. 
Extracts from Schoolboy Howlers - the collective wisdom 
of the foolish.
-
Mau e ki, he aha te mea nui?
You ask, what is the most important thing?
Maku e ki, he tangata, he tangata, he tangata.
I reply, it is people, it is people, it is people.


Re: DMCA now law in NZ

2008-04-09 Thread Wesley Parish
And what happens if I write a story where that happens, and decide that the 
government has infringed my copyright by enacting a fictitious happening in 
real life?  Without receiving a license from the author to do that a la a 
movie adaption agreement?

You can't reason with some people, can you?

Wesley Parish

On Wednesday 09 April 2008 11:26, Douglas Royds wrote:
 http://www.nzherald.co.nz/section/story.cfm?c_id=5objectid=10502960

 The Copyright (New Technologies) Amendment Bill ... introduces an
 offence, carrying a sentence of a maximum fine of $150,000 or up to
 five years imprisonment, or both, for commercial dealings in
 devices, services or information designed to circumvent
 technological protection measures

 Five years! Get some perspective, people. The word commercial has
 interesting implications for open source, though.

 http://blogs.nzherald.co.nz/blog/griffins-tech-blog/2008/4/9/format45shifti
ng-legal-audio-anyway/?c_id=5

 As internetNZ points out: We believe that if a consumer has
 legally purchased a licence to the rights to a copyrighted work,
 they should be able to store it any format they like, so long as it
 remains for their personal use ... the Act enshrines a notice and
 takedown system to deal with alleged copyright violations. This
 means a copyright holder can contact an ISP and request they remove
 from their servers, content they believe is breaching their copyright.

 They believe. If someone doesn't like what you've put up, or if there is
 any dispute, your ISP must take it down. It's just gone.










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-- 
Clinersterton beademung, with all of love - RIP James Blish
-
Gaul is quartered into three halves.  Things which are 
impossible are equal to each other.  Guerrilla 
warfare means up to their monkey tricks. 
Extracts from Schoolboy Howlers - the collective wisdom 
of the foolish.
-
Mau e ki, he aha te mea nui?
You ask, what is the most important thing?
Maku e ki, he tangata, he tangata, he tangata.
I reply, it is people, it is people, it is people.


Re: DMCA now law in NZ

2008-04-09 Thread Leif Keane
linux-users@it.canterbury.ac.nz writes:
   As internetNZ points out: We believe that if a consumer has
legally purchased a licence to the rights to a copyrighted work,
they should be able to store it any format they like
...


does this mean whole-disk backups and lab deployment images are illegal?

Leif



Re: DMCA now law in NZ

2008-04-09 Thread Nick Rout

On Wed, April 9, 2008 9:14 pm, Wesley Parish wrote:
 And what happens if I write a story where that happens, and decide that
 the
 government has infringed my copyright by enacting a fictitious happening
 in
 real life?  Without receiving a license from the author to do that a la a
 movie adaption agreement?

 You can't reason with some people, can you?


Some people have some weird odeas on what copyright covers!

-- 
Nick Rout



Re: DMCA now law in NZ

2008-04-09 Thread Michael JasonSmith
The Copyright (New Technologies) Amendment Act has many good points. For
example, ISPs do not breach copyright by holding a copy of a work,
either in a cache or elsewhere on the system, such as on a Web page that
they run for a user (the ISP was in breach before). The Act also allows
time-shifting, format shifting, and decompiling. 

While “Technological Protection Measures” are allowed, it is not as bad
as it could have been. For example, the CSS “encryption” on DVDs is not
a TPM, because it “only controls access to a work for non-infringing
purposes” (Section 226(b)).




Re: DMCA now law in NZ

2008-04-09 Thread Douglas Royds

Thanks for that clarification.

It is great that ISPs and web-server providers have been spared 
liability for caching or serving copyright material. It is bad that, 
unlike Canada, this law enacts notice and take-down (rather than 
notice and notice, ie. we complain, you decide whether to take any 
notice). I don't get to argue the case, it's just gone.


My understanding was that a previous amendment had made format shifting 
legal for audio. Perhaps I was mistaken. Does this Act extend format 
shifting to video?


I'm curious about the only controls access to a work for non-infringing 
purposes bit. Does this mean that it doesn't qualify as a TPM if I have 
to crack it to achieve fair use, like, for instance, viewing, backing 
up, format-shifting, or putting something I've bought on my media 
server? If that is the case, is it OK for me to publish the crack so 
that other people can also make fair use of their purchased music or video?


raveI recently bought a DVD, Vertical Ray of the Sun. Great film. 
Really, really good film, but the disc sports the latest toys from 
Macrovision, which seem to defeat libdvdcss. Fantastic. I own it. I just 
can't watch it, except on my elderly television, through my useless 
speakers, when there's a laptop with a really good LCD sitting there./rave


PS: Are you able to fix your Reply To: address? I nearly sent this to 
you rather than the list.


Michael JasonSmith wrote:

The Copyright (New Technologies) Amendment Act has many good points. For
example, ISPs do not breach copyright by holding a copy of a work,
either in a cache or elsewhere on the system, such as on a Web page that
they run for a user (the ISP was in breach before). The Act also allows
time-shifting, format shifting, and decompiling. 


While “Technological Protection Measures” are allowed, it is not as bad
as it could have been. For example, the CSS “encryption” on DVDs is not
a TPM, because it “only controls access to a work for non-infringing
purposes” (Section 226(b)).


  



===
This email, including any attachments, is only for the intended
addressee.  It is subject to copyright, is confidential and may be
the subject of legal or other privilege, none of which is waived or
lost by reason of this transmission.
If the receiver is not the intended addressee, please accept our
apologies, notify us by return, delete all copies and perform no
other act on the email.
Unfortunately, we cannot warrant that the email has not been
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Re: DMCA now law in NZ

2008-04-08 Thread Christopher Sawtell
This is the consequence of signing up to Free Trade with the
Ultimately Satanic state.

On Wed, Apr 9, 2008 at 11:26 AM, Douglas Royds [EMAIL PROTECTED] wrote:
 http://www.nzherald.co.nz/section/story.cfm?c_id=5objectid=10502960

The Copyright (New Technologies) Amendment Bill ... introduces an
offence, carrying a sentence of a maximum fine of $150,000 or up to
five years imprisonment, or both, for commercial dealings in
devices, services or information designed to circumvent
technological protection measures

  Five years! Get some perspective, people. The word commercial has
 interesting implications for open source, though.


 http://blogs.nzherald.co.nz/blog/griffins-tech-blog/2008/4/9/format45shifting-legal-audio-anyway/?c_id=5

As internetNZ points out: We believe that if a consumer has
legally purchased a licence to the rights to a copyrighted work,
they should be able to store it any format they like, so long as it
remains for their personal use ... the Act enshrines a notice and
takedown system to deal with alleged copyright violations. This
means a copyright holder can contact an ISP and request they remove
from their servers, content they believe is breaching their copyright.

  They believe. If someone doesn't like what you've put up, or if there is
 any dispute, your ISP must take it down. It's just gone.










  ===
  This email, including any attachments, is only for the intended
  addressee.  It is subject to copyright, is confidential and may be
  the subject of legal or other privilege, none of which is waived or
  lost by reason of this transmission.
  If the receiver is not the intended addressee, please accept our
  apologies, notify us by return, delete all copies and perform no
  other act on the email.
  Unfortunately, we cannot warrant that the email has not been
  altered or corrupted during transmission.
  ===





-- 
Sincerely etc.
Christopher Sawtell