New Zealand's copyright minister starts screaming when asked whether it's fair to cut people off from the Internet on the basis of three unsubstantiated accusations of copyright infringement

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34 Responses to “New Zealand's copyright minister starts screaming when asked whether it's fair to cut people off from the Internet on the basis of three unsubstantiated accusations of copyright infringement”

  1. risser says:

    Easily defeated. Just have three people make three different accusations of copyright infringement on the important players, starting with this bananahead. When she loses her internet access, she might see the light.

    People seem to forget that BIG CONTENT is not the only people to hold copyright. I can easily claim that she downloaded one of my original songs, original stories or perhaps a photo I took.

    I have copyrights as well, as, I assume, do the average New Zealander.

    Sooo, get some New Zealand buddies and start filing grievances. And if they don’t get their access terminated, sounds like you’ve got some sort of discrimination lawsuit, or further grist for protecting those that do.

  2. SeeChao says:

    I need to start spoofing new zealand government IPs whenever I download torrents from now on… Might make someone see the light here.

  3. noen says:

    Might as well just have a law that allows people with insane amounts of money to click their heels together 3 times and get their way on anything.

    We have those, they’re called politicians.

  4. Anonymous says:

    Check out this piece that highlights just how unworkable the legislation actually is… http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10551701

    Quite interesting – I think the noise around the three strike system will gain a lot more momentum once it is bought into play in the USA, Canada, the UK and Europe

  5. Anonymous says:

    I’ve met this lady many times. She is as unreasonable at explaining herself as she sounds here. She doesn’t actually understand the arguments and she has no business affecting IT.

  6. sabik says:

    Seems to me it’s time to make three unsubstantiated claims of copyright infringement against Ms. Judith Tizard, so she can experience, first hand, what it is she’s proposing for everyone else, no?

    I’m surprised nobody did that at the meeting… I mean, really, is it that difficult to have three people each stand up and say, “Minister, I accuse you of copyright infringement”?

  7. Ugly Canuck says:

    Why no comment button on Sleeping Beauty’s EULA?
    Strange question, no?

  8. Anonymous says:

    You people think too small. NZ’s population is <5 million. Why not send 3 notices to every single resident and force the whole country, by its own laws, off the internet?

  9. josejimenez says:

    I’ve always thought that the right response to these types of things is to, once the law passes, to accuse those that passed the law.

    Since no proof is required, it is a simple matter to deprive them from their internet access. Why not? Will they be immune? Why should they be?

  10. Rotwang says:

    I hate to carp, but there’s no sign of any actual screaming in this article.

  11. Anonymous says:

    I have a variety of copyright material, if any NZ reader were to suggest the name of a politician who may have violated my copyright I’ll be happy to complain (I don’t think I will need to check I’m sure they would only tell me if they were sure) now if a couple of other people join me I suspect a few politicians would start to grasp what they are doing …

  12. Ugly Canuck says:

    Oh I see, over on gadgets.
    OK then.

  13. Anonymous says:

    The 3 strikes rule is fine if it is applied across the board. So, let’s see: three accusations of slander or libel, and you should have internet and media access cut off. Three accusations of complete ineptitude, and a politician should be asked to resign immediately (without the right of reply, of course). Only with such responses will these arrogant politicians be put in their place.

  14. Daemon says:

    Well, all you have to do is make some copyright infringement allegations at the people who supported the bill, at the companies who requested, etc. They’ve probably all done it.

  15. asuffield says:

    Since no proof is required, it is a simple matter to deprive them from their internet access. Why not? Will they be immune? Why should they be?

    To make a false accusation with intent to harm is slander/libel, and possibly perjury. Only the rich can get these cases prosecuted, so the rich are immune from this law.

  16. chortick says:

    It would seem that the industry is fond of screamers, when buying their government representatives. I understand that our local minister for this portfolio, Jim Prentice, has a reputation as a screamer.

  17. missmelaniesxity says:

    Ha. I concur.
    The last thing we need in NZ is this type of madness. Law and freedoms aside, musicians here make money and lots of it, if they are switched on. A local hip hop label folded a year or so ago, citing ‘illegal downloading’ as a main reason for going bust; a quick search on the most used P2P network brought up no trace of any of the label’s recordings… bring on the evolution!

  18. Anonymous says:

    Interesting. I wonder if an accusation from a from a foreigner counts. You know, someone who might be immune to prosecution for slander, libel, etc.?

  19. Anonymous says:

    Use creative commons, with the metatags. Due to the metatag they can be searched for… and filtered (or logged).

    If you don’t know about creative commons then it is time that governments did… and used it freely as a tool for digital freedom.

  20. Nixar says:

    Note that Sarkozy, AKA Naboléon, got bitch slapped nicely by the European Commission (Vivian Reding is da man!), after having been overwhelmingly disavowed by the European Parliament (http://www.laquadrature.net/en/graduated-response-lesson).

  21. LYNDON says:

    I’ve the vaguest of impressions that the minister in charge of the Internet might see things differently.

    Also FWIW Judith Tizard is the same person that recently started in train an explicit copyright exemption for satire and parody.

  22. josejimenez says:

    [Quote]To make a false accusation with intent to harm is slander/libel, and possibly perjury. Only the rich can get these cases prosecuted, so the rich are immune from this law.[/Quote]

    But the accusation can be made and then apologized for. The law doesn’t call for there to be any follow up does it? What does the law actually call for to make the accusation stick?

    Accuse, apologize.

  23. Domster says:

    Cory, I suspect Mark was exaggerating when he said she “yelled” at them, and that you’re exaggerating further when you say she “screamed” at them. There’s certainly absolutely no mention of raised voices of any kind in Colin’s report on the meeting: he says talks of “strongly expressed” anger, “strong views”, and “very strong language”, but that’s entirely appropriate and doesn’t suggest anything but passionate debate.

    And, while Judith is generally responsible for copyright issues in this government (and tabled the Copyright Amendment Bill – the same one admitted was “as good as it could be”), she’s not the “copyright minister”. There’s no such official portfolio. She’s the Associate Minister of Commerce (as well as the MP for my electorate – Auckland Central).

  24. Domster says:

    I’ve the vaguest of impressions that the minister in charge of the Internet might see things differently.

    Uhh, well, David Cunliffe was at the meeting. And held the same position as Judith Tizard. So, no, unfortunately.

  25. mello clello says:

    For what it’s worth, my mum’s dealt with Judith Tizard before and can honestly verify that she’s completely batshit insane.

  26. Anonymous says:

    Good post, especially about how the rule should cut both ways.

    Dugg this, link given below.
    Thanks.

    http://digg.com/music/Three_strikes_ISP_rule_that_should_cut_both_ways

  27. insert says:

    Solution: Start an ISP, accuse Judith Tizard of copyright infringement three (3) times, and have her internet access at home and at her office cut off forever (∞).

  28. Drewkulele says:

    Seems to me it’s time to make three unsubstantiated claims of copyright infringement against Ms. Judith Tizard, so she can experience, first hand, what it is she’s proposing for everyone else, no?

  29. Anonymous says:

    I propose a three strikes policy for corrupt politicians. Every accusation of corruption should take them out of office – 1 week for the first, 1 month for the second, the rest of the period for the 3.

    Of course the effect of the accusations should be immediatly, while the politician has of course the possibility to go to court against them and waiting some years till the court will decide. False accusations of course can not be taken as crime, they are simply errors that can happen.

    And if they do not like it, well it is not our problem. The people will have to do something against politicians corrupted by the entertainment industry, right?

    Ingo.

  30. soupisgoodfood says:

    Might as well just have a law that allows people with insane amounts of money to click their heels together 3 times and get their way on anything.

  31. Anonymous says:

    >>To make a false accusation with intent to harm is slander/libel, and possibly perjury. Only the rich can get these cases prosecuted, so the rich are immune from this law.<<

    No, on several counts. :)

    In New Zealand law it is simply defamation. There is no separate thing as libel or slander, and intent has nothing to do with it. Intent would only come in at sentencing.

    There is also nothing stopping someone applying for civil aid to prosecute the case – defamation is actually one of the few areas where you stand a decent chance of getting aid in a civil case. And happily, NZ does not lack for lawyers with a soul that would be more than happy to take a civil aid case like this.

    It’s not perjury either: they’re making an accusation of criminal action in writing. They’re not supplying a sworn statement or making a declaration under the O&D Act (I assume!) and they’re not saying it while under oath in a court, so it’s not perjury. Defamation, sure, probably. And if they start flinging the accusation letters about willy-nilly they can probably be hit up for criminal nuisance/mischief too.

    Heck, if you wanted, you could probably even run an argument that they are “supplying a false document for pecuniary gain” which could land them in big trouble as that’s an offence under the Crimes Act, not just a pissy little civil offence. It would be exceptionally funny to see the industry start sending out the letters and the ISP’s responding by filing criminal complaints with the police for each and every one.

    Even more amusingly, the industry could be in more trouble because if they do face a defamation response, truth may not save them: truth is not always a defence against defamation in NZ law – even if they *did* correctly accuse someone they would still be open to the possibility of a defamation response and their getting it wrong far more often than they get it right would bolster the case for defamation even in an instance when they did have it right. (Granted, I can’t see many judges in NZ allowing that to proceed to judgement, but I can think of plenty that would allow it to go far enough so as to publically humiliate the companies for being arsewipes)

    This could get very entertaining.

  32. Jack Caesar says:

    God, Judith Tizard: still minister of being lame.

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