copyright seminar: internetnz’s point of view 25 may 2010
TRANSCRIPT
Copyright Seminar:InternetNZ’s Point of View
25 May 2010
Agenda
Today’s Programme
InternetNZ’s Basic View
Termination
Other Issues
Please make submissions
Today’s Programme
MED
David Diprose – ISPs
Nat Torkington – Technologists
Matthew Holloway – Creative Sector
Morning Tea
Rick Shera – the gritty legal detail
Wrap up
InternetNZ’s basic view
The entire proposal is a solution looking for a problem.
The evidence does not add up in favour of public intervention.
This Bill is much better than the previous legislation, but…— Notice and Notice should be all that is required.— Other technical improvements are needed
The regime proposed is workable, aside from termination.
Termination
In reporting back the last legislation, the Commerce Select Committee said:
Requirement for a policy to terminate accounts of repeat copyright infringers
We recommend that new section 92A (clause 53) be deleted as the standard terms and conditions of agreements between an Internet service provider and its customers usually allow for the termination of accounts of people using the services for illegal activity. Moreover, new section 92C already requires an Internet service provider to delete infringing material or prevent access to it as soon as possible after becoming aware of it.
Termination
It’s a disproportionate remedy
It is unenforceable
It fails to recognise the growing importance of the Internet in people’s day to day lives
It contradicts the driver to invest $1.5bn in fibre
Other issues
… will be discussed mainly by Rick Shera…
Definition of ISP
Definition of account suspension
Workability of the notices process
Please submit!
Submissions are due on 17 June 2010
Please make a submission recording your views
InternetNZ’s draft may help you write your submission – we can send you an advance draft copy.
