Family Holloway

(crossposted from CreativeFreedom.org.nz)

FOR IMMEDIATE RELEASE

The Creative Freedom Foundation welcomes the Government’s decision to delay the Guilt Upon Accusation law Section 92A, however this delay also calls for two non-Governmental groups to decide the future of New Zealander’s access to the internet. The two groups – the Telecommunications Carriers Forum (TCF) and selected Rights Holders – have been asked to reach agreement on a S92A policy by March 27th. Although the TCF are currently calling for submissions on their draft policy, the public, artists and most Internet Service Providers (ISPs) are not represented in the decision making process.

“The TCF policy does not address many of the key issues in S92A and it cannot be expected to fix the problems with the law. We are now in the unfortunate position of having our rights online decided not by the Government but by two distinct private-sector groups” says CFF Director Bronwyn Holloway-Smith.

Under S92A an ISP is defined as practically anyone with a shared internet connection or website meaning that “ISPs” include most schools, universities, libraries, businesses, and Government departments.

“We need to solve copyright holders’ legitimate grievances about copyright infringement in a way that respects New Zealander’s rights. Expecting thousands of untrained ISPs to be experts at data forensics and copyright law is impractical and ridiculous” says Holloway-Smith.

“We agree with Prime Minister John Key that the internet can’t be a lawless ‘Wild West’, which is why it’s integral to have justice for the rights holders, justice for the accused, and proper representation for all affected groups in the decision making process.”

Holloway-Smith adds, “While we encourage TCF submissions a policy can’t fix a broken law. Those concerned with S92A shouldn’t be distracted from the goal of repealing the law and replacing it with a workable alternative that will genuinely protect New Zealand artists and the public.”

The TCF draft policy is open for public submissions until March 6th, and the CFF will be submitting their concerns, including the controversial Alternate Section F (pages 30-33) allows for approved copyright holders to have the final say in disputes, effectively turning the accuser into the judge.

The Creative Freedom Foundation supports recent calls to allow existing copyright experts, for example the Copyright Tribunal, to judge copyright infringement. The Creative Freedom Foundation call on Simon Power and Chris Finlayson to repeal S92A before March 27th.

“As artists we need good copyright law as we benefit from public respect for the judgments of copyright infringement. Without due process, any injustices will cause a public backlash upon those supporting S92A, and as artists we are distancing ourselves from those who want to bypass New Zealander’s fundamental rights” says Holloway-Smith.

ENDS

ABOUT THE CREATIVE FREEDOM FOUNDATION
The Creative Freedom Foundation was founded in 2008 by artists and technologists Bronwyn Holloway-Smith and Matthew Holloway in response to changes in copyright law and the effect these changes are having on creativity, the economy, and public rights. The CFF represent thousands of New Zealand artists including musicians, film makers, visual artists, designers, writers, & performers.

The Foundation’s primary goals are:
* The education of New Zealand artists about emerging issues within New Zealand that have the potential to influence their collective creativity
* Advocacy to ensure that their views are taken into consideration, and
* The promotion and encouragement of activities that support and build the New Zealand arts community, positive relationships within that community and/or the positive wellbeing of that community.

The Creative Freedom Foundation views the internet as an opportunity for artists in New Zealand, not a threat and, through their goals, they seek to bring Copyright Law into the 21st Century.

(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.

Thanks everyone!

(crossposted from CreativeFreedom.org.nz)

You know an issue has hit mainstream when it’s in comic form. Here’s Rod Emmerson’s, Mike Moreu’s, and Dylan Horrock’s take on Section 92.

(crossposted from CreativeFreedom.org.nz)

Steve Mack has shared a form letter response from Simon Power that has surely been sent to hundreds of other people about the Guilt Upon Accusation law ‘Section 92A’. Hon Simon Power is now responsible for S92A and he could stop it but he is not doing so and now he is trying to distance National from it. This means we’re getting through. Read on to see the letter, and our analysis of how it’s false…

Steve Mack received this letter,

Dear Steve,

Thank you for your email regarding section 92A of the Copyright Act 1994, which comes into force on 28 February 2009. I have read and noted your concerns. I apologise for the time is has taken for me to, but I wanted to ensure you received the most up-to-date information.

The amendment to section 92 of the Copyright Act was passed through the House by the previous government. The new National-led government understands that many people are concerned about the effect of the legislation and we will monitor the implementation of section 92A closely.

This part of the response (which looks like a form letter and was surely sent to many people) is implying that they didn’t make this law.

Section 92A was supported by Judith Tizard (Labour) and Chris Finlayson (National).

Evidence of this can be found in who voted for it (every party aside from Greens and The Maori Party voted for it). Although United Future voted for it at the time they have now declared that they thought they were protecting artists but that they were wrong and that they are seeking to fix it.

When this was voted for it was National’s Chris Finlayson that supported Section 92A. Here’s a quote from parliamentary record by Chris Finlayson (National, Attorney General) saying why he supports S92A: It was due to “approaches by various commercial entities” (I’m not kidding, check the link)

However Simon Power is responsible for this now and he could stop it but he’s not. He’s taking a wait and see approach to S92A. This is irresponsible and poor leadership.

Remember that this letter is surely being sent to many people who will be fooled by it. If you have received this letter I suggest that you reply to these email addresses,

• s.power@ministers.govt.nz (Simon Power)
• s.joyce@ministers.govt.nz (Steven Joyce)
• c.finlayson@ministers.govt.nz (Chris Finlayson)

Please spread the word about this form letter because many people will be falsely convinced by it.

If you’re looking to write a letter you may find ideas here.

UPDATE: Many National MPs are now using this letter. Educate people about this by sending them to the Creative Freedom Foundation’s story on this.

(crossposted from CreativeFreedom.org.nz)

FOR IMMEDIATE RELEASE:

On Monday morning bloggers from across the political spectrum will be taking their blogs down in an “Internet Blackout” to protest the coming into force on the 28th of S92A of the Copyright Act.

Scores and scores of bloggers will be taking part, including Public Address, Scoop, Kiwiblog, The Standard, No Right Turn, Frog Blog, Whale Oil, Not PC, No Minister, Just Left, The Hand Mirror, Roar Prawn, Policy Net, Kiwi Politico etc etc.  Supporters of almost every political party are taking part – National, Labour, Greens, ACT, Alliance, and Libertarianz,

To say we represent a diverse range of views is putting it mildly. Normally we disagree on everything. Even e=mc^2 can be regarded as a highly debatable proposition on our blogs.

So for us to all unite together, from across the political spectrum, to condemn S92A of the Copyright Act should send a signal as to how bad the law is. A law which can see people lose their Internet access on the basis of unproven allegations should have no place in the New Zealand statute books.

We don’t care who voted for the law in the first place. We just want it stopped. We call on either Parliament to repeal that section or for the Government to delay it from coming into force on 28 February.

The normal content on our blogs will be made inaccessible on Monday morning, and our blogs will refer people to the online petition organized by the Creative Freedom Foundation.

In addition to these political blogs, thousands of other websites including Scoop News, PublicAddress.Net, Throng, GeekZone, and Street Talk are also joining the Internet Blackout.

ENDS

http://creativefreedom.org.nz/story.html?id=127

FOR IMMEDIATE RELEASE

The Creative Freedom Foundation announces that at 12 Noon on Thursday 19 February 2009 a public demonstration will be held on Parliament grounds in Wellington in support of MPs against Guilt Upon Accusation laws in New Zealand – specifically the controversial Section 92A of the Copyright Amendment Act, due to come into effect on 28 February 2009.

S92A reverses New Zealander’s fundamental right to being presumed innocent until proven guilty, punishing internet users with disconnection based accusations of copyright infringement without a trial and without evidence held up to court scrutiny.

Over 10,000 people have now signed the CFF’s petition against Guilt Upon Accusation laws in NZ. At 12.30pm, as part of the demonstration, CFF Director Bronwyn Holloway-Smith will present the petition to the government via Hon Peter Dunne of UnitedFuture.

The CFF call on the Minister responsible Hon Simon Power to immediately repeal S92A or delay its commencement, pending a review of how to best balance the rights and obligations of creators, distributors, and Internet Service Providers with respect to digital materials. Those opposing S92A can email Mr Power on s.power@ministers.govt.nz, respectfully notifying him of their concerns. Holloway-Smith states that “while we understand that New Zealanders are passionate about this issue, letters should be polite.”

Each MP will also be given a copy of a CD featuring the Creative Freedom Foundation’s Guilt Upon Accusation anthem: The Copywrong Song.

The organisers of the protest are asking participants to turn up wearing colourful clothes and with black placards – echoing the Internet Blackout campaign that has seen thousands of internet users “blacking out” their webpages, blogs, and social networking sites to show their opposition to the law.

Download The Copywrong Song and find instructions on how to take part in the blackout campaign can be found on www.CreativeFreedom.org.nz

ENDS

As shown on the blackout page we have a confirmed public demonstration on the grounds of Parliament on Thursday the 19th at 12:30 with a petition handover at 1pm. This is a postive event where we will hand out hundreds of CDs and thank the politicans that support us – so please keep it friendly and polite. NOTE: Please don’t wear all black as that has negative associations with other demonstrations but instead come along with bright clothes and BLACK PLACARDS!

(crossposted from CreativeFreedom.org.nz)

This week is a crucial week for the Creative Freedom Foundation and New Zealand. With February 28th – and Section 92A – only 11 days away NOW is the time to let the Government know that thousands of New Zealanders are against Guilt Accusation Law: Section 92A.

(download press release as PDF, ODT)

To make sure that happens, CFF have launched week-long Internet Blackout campaign against Guilt Upon Accusation laws in NZ. The blackout movement, taking place from 16-23 February, is rapidly growing with thousands of people in New Zealand modifying their websites, blogs, FaceBook, MySpace, Twitter and Bebo accounts to show their opposition to the law.

Instructions on how to take part in the blackout can be found at: http://creativefreedom.org.nz/blackout.html

The blackout has already drawn international support: world renowned actor, comedian and author Stephen Fry has blacked out his twitter profile stating that “Stephen Fry is blacked out: Stand up against Guilt Upon Accusation for New Zealand”.

The week will culminate in a major web blackout on Monday the 23rd seeing blogs and websites “dimming the lights” as a means of drawing attention to the issue that could leave New Zealander’s in the dark when they face having their internet cut off. Hundreds of confirmed participants include Kiwiblog, Zoomin, Public Address, and They Work for You with more to be announced over the coming week.

Over 8000 people, including over 4000 artists, have signed the Creative Freedom Foundation’s petition against Guilt Upon Accusation laws in NZ.

Copywrong Song: Remix Challenge and open call for track contributions

The Creative Freedom Foundation has teamed up with Mike Corb and Luke Rowell / Disasteradio to produce the Guilt Upon Accusation anthem: The Copywrong Song.

The Copywrong Song at www.CreativeFreedom.org.nz/copywrong.html is free to download, remix, and in true community spirit the Creative Freedom Foundation are encouraging participation from one and all by way of a Remix Challenge and an open call for track contributions

The Remix Challenge will see music and video makers worldwide competing to make their ultimate remix of The Copywrong Song. The open call for track contributions invites musicians to send in their contributions to the song, with tracks later being collated into the CFF’s version of The Ultimate Copywrong Song.

A recording session will take place in Wellington next Sunday 22 Feb for those of you without access to recording equipment. Contact us to make a booking to record your contribution (maximum of 1/2 hour slots only, so be prepared!).

Instructions on how to take part in the Remix Challenge and track contribution can be found at: www.CreativeFreedom.org.nz/copywrong.html

Public Demonstration
A public demonstration will be taking place in Wellington on Thursday 19th at approximately lunchtime. Rumours are also afoot about a demonstration in Auckland at the same time. The exact time is yet to be confirmed – stay tuned!

NOTE: Please don’t wear all black as that has negative associations with other demonstrations but instead come along with bright clothes and BLACK PLACARDS!

Thanks,
from the Creative Freedom Foundation team
http://creativefreedom.org.nz

(crossposted from CreativeFreedom.org.nz)

FOR IMMEDIATE RELEASE:

The Creative Freedom Foundation has teamed up with Mike Corb and Luke Rowell / Disasteradio to produce the Guilt Upon Accusation anthem: The Copywrong Song. The song is part of a week of action, launched by the Foundation, against Guilt Upon Accusation laws in NZ. The campaign, taking place from 16-23 February, is a reaction to Section 92A of the Copyright Amendment Act due to come into effect in NZ on February 28, and has already seen thousands of people, organisations, and major companies “blackout” their websites, blogs, FaceBook, MySpace, Twitter and Bebo accounts to show their opposition to the law.

The controversial law reverses New Zealander’s fundamental right to being presumed innocent until proven guilty, punishing internet users with disconnection based accusations of copyright infringement without a trial and without evidence held up to court scrutiny.

The Copywrong Song at www.CreativeFreedom.org.nz/copywrong.html is free to download, remix, and in true community spirit the Creative Freedom Foundation are encouraging participation from one and all by way of a Remix Challenge and an open call for submissions.

Creative Freedom Foundation Director Bronwyn Holloway-Smith says “We invite artists everywhere to remix and contribute tracks to show that they don’t want Guilt Upon Accusation laws done in the name of protecting art and creativity.”

The Remix Challenge will see music and video makers worldwide competing to make their ultimate remix of The Copywrong Song. The open call for tracks contributions invites musicians to send in their contributions to the song, with tracks later being collated into the CFF’s version of The Ultimate Copywrong Song.

The Creative Freedom Foundation’s petition against Guilt Upon Accusation laws in NZ has rapidly grown overnight, ballooning from 5600 to over 7400 signatures including over 3400 artists. The petition can be signed by artists and the wider public at www.CreativeFreedom.org.nz

Instructions on how to take part in the blackout can be found on CreativeFreedom.org.nz

ENDS