Round 2 in Copyright Fight
(crossposted from CreativeFreedom.org.nz)
Tom Pullar-Strecker in Stuff.co.nz reports that “A working group of copyright experts convened by the Economic Development Ministry is expected to release its recommendations today or tomorrow on how to replace Section 92a of the Copyright Act, which was scrapped in March after a wave of protests. Sources say an independent arbiter will be empowered to rule on disputes. That may be the Copyright Tribunal, which would require new powers and legal protections”. (Please note that the quote from CFF co-founder Bronwyn Holloway-Smith about telephones seems to be slightly smudged; it was intended to compare the internet to necessary infrastructure like phones, electricity, the post service). In the s92A review process it seems to point to internet termination as a form of punishment where fines would be more appropriate and could compensate artists. Interner termination harms many people for the actions of one.
One of the key issues with s92A was its potential to punish innocent people for the actions of others the s92A review expresses a preference for disconnection, saying that a “guiding principle” of the review is for the “process leading to account termination” to be clear. Fines would be much more appropriate.
There are many alternatives to disconnection, for example royalties or fines. Fines are more targeted than disconnection – punishing the guilty person, but not innocent people who happen to share the connection, and obviously this should be of concern to anyone with a shared internet connection. For artists, royalties or fines have the potential to include payment for copyright infringement, whereas indirect punishments that harm innocent people will simply reflect badly on artists.
Due to New Zealand’s geograpical isolation the internet is a vital tool for connecting to the rest of the world, and is also becoming more pervasive with vital services moving online such as parts of government, health care (records, scheduling) and social interaction tools (newspapers, phone, email, social networks). Disconnection may hinder people’s ability to pay bills, operate their business or do their job, access banking, education, insurance, etc. Due to this the internet is already a necessary service like other utilities such as the phone and postal systems. With internet use showing no signs of slowing, in future years disconnection will be seen as a shortsighted and increasingly unfair penalty.
