<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
<html>
<head>
<meta content="text/html; charset=windows-1252"
http-equiv="Content-Type">
</head>
<body bgcolor="#ffffff" text="#000000">
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:
<a class="moz-txt-link-freetext" href="http://www.med.govt.nz/upload/Copyright_regulations_discussion_doc.pdf">http://www.med.govt.nz/upload/Copyright_regulations_discussion_doc.pdf</a><br>
<br>
A brief description and statement opposing the Discussion Document
follows. Please forward it to <a class="moz-txt-link-abbreviated" href="mailto:ip.policy@med.govt.nz">ip.policy@med.govt.nz</a><br>
<br>
Thank you,<br>
<br>
Simon Taylor<br>
<br>
<a class="moz-txt-link-abbreviated" href="http://www.squarewhiteworld.com">www.squarewhiteworld.com</a><br>
<a class="moz-txt-link-abbreviated" href="http://www.brazilcoffee.co.nz">www.brazilcoffee.co.nz</a><br>
<br>
Send with the subject line:<br>
<br>
<u><b>Submission on the Copyright (Infringing File
Sharing),Regulations 2011 – Discussion Document</b></u><br>
<br>
We are utterly opposed to the Discussion Document in its current or
any form that may be derived from it in discussion.<br>
<br>
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.<br>
<br>
The Discussion Document proposes that holders of copyright pay ISP's
to issue notices where they suspect internet users have shared files
under copyright.<br>
<br>
It requires that three notices are sent, of detection of suspected
infringement, warning and enforcement, the latter entailing punitive
actions against the internet user.<br>
<br>
There is in the Document no provision for appeal by the internet
user, since at this stage legal sanction only extends to the ISP.<br>
<br>
The Discussion Document further requires that the alleged offender -
who is found such <i>before</i> any legal process of determination
- is identified to the Ministry of Justice by his or her ISP.<br>
<br>
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. <br>
<br>
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.<br>
<br>
We suggest that the Discussion Document is already a political,
moral and legal embarrassment. <br>
<br>
We urge that it is torn up and public apology is made by the parties
responsible for drafting it.<br>
<br>
<br>
<br>
<br>
<br>
<br>
<br>
<br>
<br>
<br>
<br>
</body>
</html>