On Wed, 2004-09-22 at 21:52, Wesley Parish wrote:
> From my point of view, that DMCA-like extension to copyright has the effect of 
> outlawing the use of the brain:
> "so that the prohibition against the making, importing, hiring and
>        selling of devices, services or information designed to circumvent
>        "copy protection" be expanded to cover devices, services or
>        information that circumvent technological protection measures that
>        protect all rights provided to copyright owners, including
>        communication, not just copying;"
> 
> Bang goes the New Zealand Knowledge Economy if you can't get intimate and 
> physical with your nearest and dearest to make a device a.k.a. a child's 
> brain, with the ability and capacity of circumventing "copy protection"!  And 
> then it suggests outlawing the hiring of such a device as an individual human 
> equipped with a  brain with the ability and capacity of circumventing "copy 
> protection".
> 
> To put it bluntly, it doesn't make any sense. 


actually what you are saying doesn't make sense Wesley.


>  And nonsensical laws have a way 
> of being ignored to death.
> 
> Anyone know a politician who they can say this to, without getting the "Mrs 
> Grundy" treatment?
> 
> Wesley Parish
> 
> On Wed, 22 Sep 2004 11:26, Timothy Musson wrote:
> > Here's section 14 of NZ's Bill of Rights Act:
> >
> >   "Everyone has the right to freedom of expression, including the
> >   freedom to seek, receive, and impart information and opinions of any
> >   kind in any form."
> >
> > And now for something completely different:
> >
> > "Digital Technology and the Copyright Act 1994: Policy Recommendations":
> >   http://www.med.govt.nz/buslt/int_prop/digital/cabinet/index.html
> >
> > <quote>
> >   The Ministry of Justice advises that this raises issues of consistency
> >   with section 14 of the Bill of Rights Act (the right to freedom of
> >   expression). Proposals intended to ensure that copyright applies equally
> >   to works in analogue and digital form are, however, likely to be
> >   considered reasonable and justifiable in Bill of Rights terms.
> > </quote>
> >
> > Take a look at the Recommendations section, especially:
> >
> > <quote>
> >   It is recommended that the Committee:
> >   ...
> >   - agree to amend the provision relating to technological protection
> >     measures:
> >     1. so that the prohibition against the making, importing, hiring and
> >        selling of devices, services or information designed to circumvent
> >        "copy protection" be expanded to cover devices, services or
> >        information that circumvent technological protection measures that
> >        protect all rights provided to copyright owners, including
> >        communication, not just copying; and
> >     2. to facilitate the actual exercise of permitted acts where
> >        technological measures have been applied
> >   - agree to create an offence (of a fine not exceeding $150 000 and/or
> >     a term of imprisonment of up to five years) for large scale
> >     commercial dealing with devices, services or information designed to
> >     circumvent technological protection measures;
> >   ...
> > </quote>
> >
> >
> > "Amendments Proposed for Copyright Act"
> >  
> > http://www.med.govt.nz/buslt/int_prop/digital/media/minister-20030625.html
> >
> > <quote>
> > The proposed amendments:
> >   ...
> > - Prohibit the supply or manufacture of devices, means or information
> >   that circumvent technological protection measures, where circumvention
> >   could enable infringement of any of the copyright owner’s exclusive
> >   rights, and provide criminal penalties for large scale commercial
> >   dealing in circumvention devices, means or information;
> > - Introduce protections for electronic rights management information
> >   ("ERMI") that identifies content protected by copyright and the terms
> >   and conditions of use, and provide criminal penalties for large scale
> >   commercial dealing in copyright material where the dealer knows that
> >   ERMI has been removed or altered;
> >   ...
> > </quote>
> >
> > Here's the main page (the list of received submissions is interesting):
> >   http://www.med.govt.nz/buslt/int_prop/digital/index.html
> >
> >
> > I didn't know about this until very recently. I knew the government was
> > considering adding "fair use" provisions to copyright law, but I didn't
> > realise NZ was about to enact a DMCA equivalent.
> >
> > Y'know...
> > For "fair use" to exist (and it must -- and the government seems to
> > agree), it follows that tools that can circumvent copy protection must
> > be legally and easily available to anyone. But if they are, then copy
> > protection systems are completely and utterly useless and pointless.
> >
> > I also recall a RadioNZ interview earlier this year, in which the
> > Recording Industry Association of NZ argued that we didn't need "fair
> > use" rights because the RIANZ wasn't interested in suing people for
> > taping a purchased CD to listen to on the car cassette deck. Judith
> > Tizard (Associate Minister of Commerce) replied to the effect that it's
> > just plain silly that something that everyone does (making "fair use" of
> > copyrighted material) shouldn't be legal.
> >
> > What to CLUGers think? Does anyone have pointers to mailing lists /
> > groups in NZ keeping an eye on changes to copyright law?

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