Monday, 16 March 2009

Auckland District Law Society comes out against Sec 92a

Stuff, the main internet site for Fairfax Media in New Zealand is reporting that the Auckland District Law Society, ADLS, has come out against the notorious Section 92 clause of the Copyright Amendment Act.

In a submission prepared by their Law and Technology Committee, to the Telecommunication Carriers Forum, they are reported to be saying that
S92A is out of step with sections 92B through to E in not reflecting recognised safe harbour provisions for ISPs.
" ... s92A amounts to a mechanism whereby the copyright holder, an unrelated third party to the contract between an ISP and their customers, can interfere with that contract and this could amount to a tort of interference with contractual relations.

The Society is also critical of the Copyright (New Technologies) Amendment Act's definition of an ISP. It says all manner of businesses and organisations are included in the definition. An attempt in the TCF's draft code to deal with this by defining a "downstream ISP" is not adequate... "

quote from stuff

Note: can't find the submission on the ADLS web site - would be good to see the whole thing. Have I missed it? Can someone point me to it ?
Update: link thanks to twitter.com/HamishMacEwan The full submission is here. [PDF]
S92a - when is this going to end?
You have to ask - when is this poor old horse going to be given a decent burial - perhaps under a tree, next to a classic kiwi beach - you know the one they use to showcase the open liberal citizen democracy that is New Zealand/Aotearoa on a typical bright sunny day.

3 comments:

Brenda Chawner said...

Paul, the ADLS submission is on the TCF website, not their own:

http://tinyurl.com/cfkjog

Brenda

Matthew Holloway said...

"S92a - when is this going to end?"

I just hope it doesn't get delayed for a third time or I'll never get my life back!

Today we launched the 'What About Us' video series about Section 92A:

http://creativefreedom.org.nz/story.html?id=216

and

http://creativefreedom.org.nz/whataboutus.html

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