[spectre] New Zealand: Copyright (Infringing File Sharing),Regulations 2011 – Discussion Document

[simon]

The New Zealand Ministry for Economic Development has released a 
Discussion Document, Copyright (Infringing File Sharing) Regulations 
2011, as follow-up to the Copyright Infringing File Sharing Amendment 
Bill, to which I ask you to give your urgent attention, not least 
because submissions on the Document may be received by May 27 2011, 
tomorrow. Here is the Discussion Document: 
http://www.med.govt.nz/upload/Copyright_regulations_discussion_doc.pdf

A brief description and statement opposing the Discussion Document 
follows. Please forward it to ip.policy at med.govt.nz

Thank you,

Simon Taylor

www.squarewhiteworld.com
www.brazilcoffee.co.nz

Send with the subject line:

_*Submission on the Copyright (Infringing File Sharing),Regulations 2011 
– Discussion Document*_

We are utterly opposed to the Discussion Document in its current or any 
form that may be derived from it in discussion.

Far from protecting intellectual and artistic property, far from 
protecting from infringement the rights of holders of copyright, the 
Discussion Document requires the infringement of the right to privacy of 
legitimate users of the internet.

The Discussion Document proposes that holders of copyright pay ISP's to 
issue notices where they suspect internet users have shared files under 
copyright.

It requires that three notices are sent, of detection of suspected 
infringement, warning and enforcement, the latter entailing punitive 
actions against the internet user.

There is in the Document no provision for appeal by the internet user, 
since at this stage legal sanction only extends to the ISP.

The Discussion Document further requires that the alleged offender - who 
is found such /before/ any legal process of determination - is 
identified to the Ministry of Justice by his or her ISP.

The Discussion Document suggests the imposition of a fine of not more 
than NZ$15 000, which may be used to recompense the holder of copyright 
and the ISP.

It is the responsibility of the Ministry of Justice to impose punishment 
not to hear the case of the internet user. The principle asserted is 
guilt before innocence.

We suggest that the Discussion Document is already a political, moral 
and legal embarrassment.

We urge that it is torn up and public apology is made by the parties 
responsible for drafting it.











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