The first of eight prosecutions brought under New Zealand's three-strikes copyright law (passed as a rider to the emergency legislation freeing up money to provide relief for the Christchurch earthquake) has fallen apart.
The RIANZ (Record Industry Association of NZ) withdrew its case against a student in shared accommodation without saying why.
However, as Torrentfreak reports, NZ activists at Tech Liberty point out that the notices sent to the student, and the damages claimed, were all badly bungled and unlikely to withstand legal scrutiny.
The recording group asked for just over NZ $370 (US $303) to cover the costs of the notices and copyright tribunal hearing, plus NZ $1,250 (US $1,024) as a deterrent. However, eyebrows were certainly raised when it came to their claim for the music involved in the case.
The infringements were alleged to have taken place on five tracks with the cost of each measured against their value in the iTunes store, a total of NZ $11.95 (US $9.79). This sounds reasonable enough, but RIANZ were actually claiming for $1075.50 (US $880.96).
“RIANZ decided, based on some self-serving research, that each track had probably been downloaded 90 times and therefore the cost should be multiplied by 90,” says Tech Liberty co-founder Thomas Beagle. “There is no basis in the Copyright Act or Tribunal regulations for this claim.”
I don't think we can count on this kind of cack-handedness in the future. The RIANZ will perfect its procedures soon enough, and we'll start seeing punitive fines and even disconnection based on mere accusation of living in a house where the router is implicated in an unproven allegation of copyright infringement. Read the rest
Juha sez, 'As if journalism here in New Zealand wasn't difficult and damaged enough... the government is proposing to make it worse. 'The unheralded change to "journalistic privilege' is contained in a paper issued by Justice Minister Judith Collins today and proposes a new regime where journalists would have to hand over their sources to a High Court judge who would decide whether they were entitled to claim 'journalistic privilege'. If the court decided there was no case for protecting the source, details would be handed over to the agency seeking the information.'" Read the rest
James, a photo retoucher in New Zealand, makes these "de-touched" "polygon hero" posters, 3D representations of familiar comics icons, downrezzed to abstract jaggie forms.
(Thanks, danielpresling!) Read the rest
New Zealand police, responding from a request from the US government, raided MegaUpload today, arresting founder and CEO Kim ”Dotcom” Schmitz and three "associates." The service, which allowed users to upload files that were too big to email, claimed 150 million users. The entertainment industry alleged that the service was primarily intended to facilitate copyright infringement, since people could use it to illegally share music and movies, but the company claimed that while some users might infringe copyright with MegaUpload, others simply used it to share files that belonged to them. For example, I use a comparable service, YouSendIt, to exchange large MP3 files of my podcast with John Taylor Williams, the sound engineer who masters them. At other times, companies that wanted me to review their movies and music have uploaded them to a file locker and supplied me with the link and password to get them.
In response, a large denial-of-service attack ("OpMegaupload") has been launched against the US Department of Justice, the FBI, Universal Music and other entertainment and law-enforcement sites, by activists operating under the Anonymous banner.
MegaUpload has been waging an online campaign against Universal Music and US law enforcement and trade representatives, first releasing a video featuring famous artists singing an anthem in praise of MegaUpload, then suing Universal Music over false copyright claims that had the video removed from YouTube.
The Swedish Pirate Party strongly condemns raid against MegaUpload Read the rest
Penelope Lattey of Wellington, New Zealand headed down to her local Occupy with a whiteboard, a marker, her camera, and asked people to explain why they were there. The result: Occupy Wellington: a project.
(thanks, Susannah Breslin!) Read the rest
New Zealand's new copyright law provides for Internet disconnection for anyone whose Internet connection has been used by someone (or several someoneones) who are accused of three acts of copyright infringement. While the UN has condemned this law as disproportionate and disrespectful of human rights, its proponents often talk of its "simplicity" as a virtue (as in, "well, anyone who thinks about infringing copyright will be able to understand this: you download, you lose your network connection").
But as this three-page flowchart from the Telecommunications Carriers' Forum demonstrates, the process of disconnection is so ramified and baroque that it requires deep study just to get your head around, and easily answering questions like, "How do I appeal this?" is anything but simple.
Copyright (Infringing File Sharing) Amendment Act - process diagrams
(Thanks, Juha!) Read the rest