Join New Zealand Internet blackout protest against insane copyright law
Reason didn't work and the Parliamentary process failed, which is why we in New Zealand now have arguably the world's harshest copyright enforcement law. Sections 92A and C of the amended Copyright Act establish a guilt upon accusation principle that can see anyone accused of "copyright infringement" getting his or her Internet connection severed.
What's more, under the new law, anyone who provides any form of services over the Internet is an ISP. That means libraries, councils, schools, businesses, government offices, you name it. If you share your Internet connection with your flatmates, you're probably an ISP too under the new act. Geekzone is an ISP. Think about what that means.
The Telecommunications Carriers Forum or TCF has done a great job in writing a draft code of practice that seeks to neutralise the worst aspects of the new law, but that's not enough. It has to be repealed. As Peter Dunne of United Future party points out, the EU and Britain have rejected similar laws because they're fraught with problems and impossible to enforce fairly.
Our ISPs should not have to police what their customers do on the Internet, plain and simple. The ISP Industry Association ISPANZ has been trying to drive this home for a while now, ditto InternetNZ. The reason our politicians won't listen is because they're concerned about New Zealand having signed various WIPO treaties and that the country might not get a free trade deal with the US unless the entertainment industry that vigorously lobbies the US Trade Representative gets its way. If that's the case, then we the voters should be told and not have our sovereignty being sold down the river on the sly like this. Incidentally, my understanding is that the local rights holders people are not in favour of the law, but have to toe the line laid out for them by their overseas masters. Too bad, if that's true.
I'm a "content creator" and a rights holder due to my work as a writer, but the new law won't help me one iota. It's there for the large entertainment organisations to terrorise Internet users. This is an important point to bear in mind, that the new law isn't going to help artists and others rights holders. The Creative Freedom Foundation is your source for good information on this, so make sure you vist them.
You can do something too: black out your Twitter avatar, Facebook/Myspace pages, or even websites to protest against the insane new law that will come into full force on February 28. (Yes, I'm going to hack the CSS for the blog soon to black things out :)).
Update Looks like entertainment industry isn't going to entertain the TCF code of practice, but insists that law should be harshly implemented. Tom Pullar-Strecker from the Dompost has a good story on that.
Update II Fixed broken link to Creative Freedom Foundation site, and many thanks to Stephen Fry @stephenfry for tweeting about the issue to his followers.
Update III Netguide's take on the issue. Everyone on Twitter seem to be using the #blackout hash-tag, but there's also #S92.
Update IV And I probably should put this into a new blog entry... but at Foo Camp this weekend, Matthew Holloway of the Creative Freedom Foundation pointed out that the TCF CoP only applies to telcos and ISPs. However, the law as it stands has a very wide definition of ISPs as per above, so the CoP doesn't cover libraries et al. Now that's a real worry. Thanks to Paul Brislen at Vodafone for the tip.
Update V Regan Cunliffe of Throng has hacked up some excellent banners as per above. Get them at CFF.
Tag(s):
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Comment by Br3nda, on 16-Feb-2009 11:24
2/3s of my twtter list (900 people) have turned black already - and it's only been an hour or so.
Comment by Elpie, on 16-Feb-2009 11:47
A new Facebook group has also formed to show support for the blackout.
Comment by Peter, on 16-Feb-2009 12:28
"...You can do something too: black out your Twitter avatar..."
Seriously? This is the best we've got? I've been following this story and waiting for some actual actions that can be taken since conversations with my MP have gone no where. Can someone in the industry give a better suggestion than turn your web pages black?!?!?!
Comment by Andrew Beeston, on 16-Feb-2009 14:37
Hey I'd love to see you guys put something up on HashDictionary - it's a dictionary for hashtags and I reckon #s92a would go great in there. You can link to whatever you need and get your message out there. Hope it goes well!
Comment by chiefie, on 16-Feb-2009 14:39
Twitter is under heavy pressure... it doesn't let me change my profile photo!~ *lol*
Comment by Steve S, on 16-Feb-2009 14:41
Its another example of law not keeping up with technology.
As a thought, how about we (internet users) suggest to the EFF that they post complaint on behalf of numerous friendly parties that all NZ MP's and 'copyright protection' organisations have been "stealing content". Then by their own law they will have their internet connection terminated without evidence or proof being needed. Once MPs and groups have their internet connections cut they will understand that guilt by accusation isnt acceptable.
Comment by Catherine, on 16-Feb-2009 14:49
Stephen Fry has twittered about this and has blacked out his Twitter profile. Now that should reach a few more people...
Comment by Lis Sowerbutts, on 16-Feb-2009 15:03
I'm a Kiwi and quite like the country but even if I come home from Australia my websites will never come home. They are registered in the US and hosted in the US - I made the mistake early on of using a NZ ISP but they were expensive and useless. This sounds like another really good reason not move my content back to NZ
I'm a writer and I respect copyright - and have my stuff stolen all the time - but not my the tiny % of the world's population that lives in NZ- so its not even going to help me as a writer!
Comment by holloway, on 16-Feb-2009 15:24
Proper link should be http://creativefreedom.org.nz/blackout.html
Comment by Dharma, on 16-Feb-2009 15:25
Voi juma näiden lakien kanssa.
I shall join the black avatar nation! And spread the word!
Comment by Ric Raftis, on 16-Feb-2009 15:25
This is absolutely outrageous! It is both archaic and draconian.
Another example where on the internet one is considered guilty until proven innocent and yet I was under the impression, obviously erroneously, that it was the other way around.
There should be a law passed that any company who takes action against anyone on the internet, or elsewhere for that matter, is committing an offense. Due process is the only weapon that the ordinary person has against the tyranny and dictatorial methods of large business.
Cheers,
Ric Raftis (@ricraftis on Twitter)
Comment by Jane Blogs, on 16-Feb-2009 15:28
Insane!
It's as if they're putting IP theft on a level with terrorism, and we've all seen how well that has gone here in Australia, with that Queensland doctor now considering legal action.
Comment by richms, on 16-Feb-2009 16:22
Done wordpress.com, facebook, nzdating, twitter, am still working thru my lists of sites I have photos on to change more of them...
Comment by Elpie, on 16-Feb-2009 16:47
For those reading this from outside of New Zealand...
This is NOT a local, New Zealand-only issue. When any government enacts laws such as this other governments use it as an example to follow. If NZ does not repeal S.92A and S.92C, or put them on hold to revisit, its only a matter of time before your governments start using New Zealand as an example.
Other countries have refused to go this route - so far - but many will be watching and waiting to see what happens in NZ. It will be so easy for the mega music and movie moguls to release (unsubstantiated) figures to show that S.92A is working in NZ - then watch as your rights go the same way as New Zealanders rights.
We live in a connected world. Please show your support for this protest. Your country could be next!
Comment by Freedom, on 16-Feb-2009 17:21
Publish all names of politicians voting for this along with their party policies that contradict their vote.
Comment by KevDaly, on 16-Feb-2009 17:46
A free trade agreement with the US is worse than worthless (just as is the one with China): we have to take whatever they give us, and they will still pick and choose what they take from us. That never changes.
When small countries enter free trade agreements with large countries they are simply volunteering to have their economy dismembered and to be converted into an offshore sweat shop.
This law is utterly contemptible, but it does faithfully demonstrate the cowardice and subservience to overseas corporate lobbies we have come to expect from our politicians.
Comment by Murray Springer, on 16-Feb-2009 18:04
Insanity, were are the civil libs who rant about criminals rights but nothing that I am aware of on this isssue
Comment by 1gkar, on 16-Feb-2009 18:17
Looks like just another bungled New Zealand Law drafting. Just like the updating of the copyright Act to include electronic transmission but left out any legitimate form of copying your DVDs to PC for playback.
Guess the Simpsons are running the Country.
Comment by billbennett, on 16-Feb-2009 18:20
I'm with Freedom. Is it possible to find the names of all the MPs who voted for the legislation?
And the cynic in me says there may also be a lobbist company that helped push it through. Any ideas who?
Let's get this all out in the open.
Comment by Dratsab, on 16-Feb-2009 18:58
"The reason our politicians won't listen is because they're concerned about New Zealand having signed various WIPO treaties and that the country might not get a free trade deal with the US unless the entertainment industry that vigorously lobbies the US Trade Representative gets its way."
The really dumb thing here is that we're not going to get any free trade deal anyway. It's a great carrot that's waved constantly under our politicians noses, and will never be anything more than that.
The shape of negotiations will constantly change, giving the illusion of progress on this matter and encouraging noises will be made. But the end result always has been, currently is and will always be a big fat nothing.
My personal stand is going to be to listen to the radio and watch TV, when time permits. Until this law is repealed I will not buy a CD or DVD. I will rent DVD's, but they will be on the $1 Mondays my local store promotes, so the entertainment industry will get sweet FA from me.
Not that my paltry contribution will be missed...
Comment by Icarusforde, on 16-Feb-2009 19:39
#blackout is the number one tag on twitter.... And this page has gone international. :D:D
Comment by Jo, on 16-Feb-2009 19:41
Seems this law is getting quite a bit of negative emotion. I did a bit of law at uni though and have read the legislation, it doesn't seem so bad.
Juha, you say there is a "a guilt upon accusation principle", where is that in the law?
Seems to me what's there is no different to having my internet cut off if I don't pay my bill to my ISP, it doesn't mean I'm guilty of anything.
You also say "anyone who provides any form of services over the Internet is an ISP" but that's not really true either. I don't think it's what the politicians meant when they made this law, or what the words mean.
It seems to me it's the TCF code which has decided that every business in NZ is an ISP, the law doesn't say that.
I know I am talking against the tide, but the tide seems a little ...... misinformed. :-)
Comment by danielfaulknor, on 16-Feb-2009 20:50
Your bandwidth has run out on your googlepages..
upload to imagef1.net.nz if you need somewhere to host.
Cheers
Author's note by juha, on 16-Feb-2009 21:23
Jo: yes, you are right in what you say, but the issue here is that S92a provides a huge blunderbuss for the entertainment industry. It's their interpretation that's being insisted upon, and which results in guilt by association; not S92a per se.
Yes, I've checked with a Real Lawyer versed in IP legislation about this.
Comment by Keri Davis, on 16-Feb-2009 21:29
wasn't the idea peddled as protecting NZ artists which is fine if there is such a thing otherwise why anyone would willingly download has been and try hard locals when there is a world of real music much more worthy of having ones internet chopped off is beyond me
Comment by KidTempo, on 16-Feb-2009 21:30
I dunno. I think people should start accusing the parliamentarians of copyright infringement and see how quickly they get their isp accounts pulled.
Comment by Robin Capper, on 16-Feb-2009 23:57
Saw Stephens Tweet before I got to my feedreader. Thanks to Regan for the banners, have joined the blackout and E-mailed my MP.
Comment by simon14, on 17-Feb-2009 00:35
I fail to see why everyone thinks by doing this blockout will alter the law makers minds.
Comment by Jussi Pennanen, on 17-Feb-2009 00:47
Greetings from Finland!
Blacked out my Facebook, MySpace and Twitter. You have my full support.
Before making the laws, using some common sense in advance wouldn't do any harm.....
Cheers, jp
Comment by Michael, on 17-Feb-2009 04:59
Maybe people should stop going to the movies and buying CDs and DVDs for a month...
Comment by Brenda Chawner, on 17-Feb-2009 07:39
Juha, could you expand on your comment that libraries won't be classed as ISPs under the draft CoP (in particular Paul Brislen's reasons for saying this?
Thanks.
Comment by Ann, on 17-Feb-2009 08:00
I last read the draft just before the election, and the debate in parliament about it. The government, in general, seems well aware that this is a defective law but is anxious to have something in place.
Jo, to have your power cut off because someone says you didn't pay your bill, is not the same as for not having paid your bill, and is a situation that opens one to all sorts of interference - and yes there are kiwis who play that kind of game.
It also creates an opportunity for an erosion of the principle that currently helps to protect the innocent from the consequences of false accusations.
Placing the burden of the policing users' activity on the ISP provider is also unfair on the ISP provider, and presents a significant risk to their business.
Comment by nzgeek, on 17-Feb-2009 10:23
If the politicians want to let this law come in and see how it goes, there's one way to change their minds. If someone can figure out which ISP is used to give the Beehive internet access, it wouldn't take much to give them a taste of their own medicine.
I'm certainly not suggesting that someone does this, but it would be amusing to see it done.
Comment by SteveO, on 17-Feb-2009 13:13
"I fail to see why everyone thinks by doing this blockout will alter the law makers minds."
This stuff most certainly does, believe it or not NZ is a small place and campaigns like this get brought up in conversation among politicians, (maybe their kids are blacked out for example), it does come up. Key's govt already pissing off a sizable group of generally affluent and influenctial demographic is by my reading a serious and unintentional mis-step by Key and his PR "advisors", not surprising given that they're probably a) old b) on dialup connections at home and c) barely know how to use email let alone teh interweb
Comment by ChrisTheFeral, on 17-Feb-2009 13:54
Australia might be getting a filter too :( I'm blocking my pic out now too.
Comment by Anonymous Coward, on 17-Feb-2009 14:46
infowars.com
video.google.com/videoplay?docid=-515319560256183936
video.google.com/videoplay?docid=-8484911570371055528
People have suffered enough to get us our freedoms, it's an insult to our intellect and our heritage when they try to tax and restrict our freedoms beyond that which is fair.
The govt needs a serious audit. They are borrowing a lot of money for their own projects and leveraging us into further debt and slavery through veiled taxes and inflationary policies.
Mainstream media is mostly fluffy candy coated and full of lies and disinformation, our education system is built on a lot of half-truths.. no wonder they want to clamp down on the real sources knowledge, people are waking up to their deceptions.
Comment by deepred, on 17-Feb-2009 21:51
Do I have permission to use the top image for this new Wikipedia page?
Comment by Venessa Paech, on 18-Feb-2009 00:11
This is such antiquated, draconian idiocy. I'm utterly appalled. Way to go with a totalitarian precedent - and all in the name of propping up business models who refuse to recalibrate to their own consumers.
Comment by kc, on 18-Feb-2009 00:38
I did this, even though I'm in the UK. And I'm encouraging my friends to do the same.
We can't have this kind of censorship in the western world.
Comment by getaclue, on 18-Feb-2009 14:22
You can also boycott the products/services that are the subject of the "free" trade agreement. That would carry a lot more weight than a symbolic protest. Maybe hitting em where they live would cause them to reflect where in the world they would be without "users".
Comment by Steve Knott, on 18-Feb-2009 21:07
I fully oppose any kind of Internet censorship
Comment by Doug Clinton, on 19-Feb-2009 06:37
It seems to me that what we need is a coordinated campaign of filing copyright infringment notices against government and entertainment industry websites so that their ISPs are obliged to take them offline.
Perhaps when they are faced with the reality of the potential for abuse of this law by having the effect fall on them then they may think again.
Comment by E.Ekat, on 19-Feb-2009 09:57
You wont prevent it. You cannot fight irrationalism. The sweet disire to control what others are doing and thinking.
But not only in New Zealand.
Slowly the complete world turns upside down. At the present time Europe is crashing their complete economy. Germany decided to teaching the world how to get rid of beautifuly cars. They forgot, they themselves are very much depending on building these beautiful cars
Black, this is the movement of the year.
Your copyright law needs a lot of new burocracy. This is all an agricultural country like NZ (with some movie industrie) can do to add to the mess.
Give my regards to your politicans.
E.Ekat
Munich, Germany
Comment by Brendon Tumai, on 19-Feb-2009 22:08
New Zealand is a ginnepig country for the illuminati to play with and experiariment upon they don't care wheather we like it or not.
We are the first to see the light of day, and we are the first to get some stupid law that they make up forced upon us.
How can they sleep at night when people like us have to be ruled by idiots, puppets for the illuminati and the freemasons.
I can't stand around and be bullied by these pack of crap people, who think they rule everything, there are higher people than them WATCH OUT..
Comment by Ryan, on 20-Feb-2009 09:42
This is rather ironic considering the RIAA of America is about to loose a major court case in Sweden against the biggest torrent website of the entire globe.
Comment by DaveCurlee, on 22-Feb-2009 17:35
I agree that the law is insane and also either a complete power grab, or the result of idiots not understanding the technology or realities of the web. However, concerning your campaign to blackout avatars.... Will this affect your legislature?
Will they see this and think "Damn, they're right. Lets repeal the law."
What effect does this avatar blackout serve in getting the law removed? Is there a petition accompanying it? Is there a list of your legislators' fax machines or email accounts that we can hammer?
Let us know, we'd really like to do something that will REALLY have an effect on this stupidity that you guys are getting hit with.
Comment by Michael Dukakis, on 23-Feb-2009 09:55
This is why New Zealanders rock. They understand civil disobedience and don't bow down to taco bell...(and such)
reminding you never to drive a tank,
always, Mike Dukakis
Comment by james, on 24-Feb-2009 01:20
maybe now you download addicts will actually go out and purchase the dvd the legal way. i bet u wouldnt have the guts to steal a dvd from the shops now, would you?
Comment by LT, on 25-Feb-2009 10:36
Don't be so sure! seriously, I knew this government would be bad news, I knew it.
Comment by Thomas, on 26-Feb-2009 18:02
I'm still not sure I understand the black out thing but this is stupid. Maybe downloading stuff is illegal. Yea, well teenagers do it most because they are the general audience who want but can't afford. Adults should pay more often for things. Still, I have a problem. This is MY concern on the matter. How are they going to effectively track usage? Well, the most effective way is a tracker. Yes, breach of privacy on your computer. But that's not all, the terms and conditions of the ISPs (and I'm talking proper ISPs here, not stupid, way-out ones) will change so that they CAN breach our privacy. What's more is that they've probably got in small writing that they can change the TOS whenever they want without notifying us. It's sick and it's not right. I understand why they introduced this law but they are not thinking. I still don't get the black out your avatar thing because if it is to protect yourself and you have a picture of say a cartoon character then I don't really get it. Maybe someone can explain. but still, the government needs to think before they act. Something which quite frankly has not been done for a long time. And they're already worrying enough about having crap internet in NZ. But the thing there is if people want (good) internet, they're gonna have to stick with it but if they are having their computers tracked and privacy breeched, they'll stop using the internet, as much as they want to but then it's a personal debate whether or not you continue using the internet.
Comment by A pissed off New Zealand kiddo..., on 27-Feb-2009 20:55
You don't know how !@#$%^&'d off I am RIGHT NOW!!! This is an outrage... I'm a DJ, so, How the !@#$%$#@#$%$#@#$%^%$#$% AM I SUPPOSED TO GET SONGS FOR MY GIGS!!! OMG!!! THIS IS MUCH WORSE THAN ANY OF THE "DISASTERS" THAT HAPPENED HERE... AND I MEAN IT... PLUS, HOW DOES A STUPID SHIP SINKING (WAHINE, OR WHATEV...) MAKE NEW ZEALAND HISTORY!!! THATS A LOAD OF SHITTO (HAHA)
LESS THAN 100 PEOPLE DIED!!! YEAH, SURE, THEY HAVE FAMILIES, ETC, ETC, BUT THAT IS NOTHING COMPARED TO OTHER COUNTRIES... MORE THAN 100 PEOPLE DIE EVERY DAY (UNDERLINE ON "EVERYDAY" XD) AND THE COUNTRIES DON'T MAKE THAT HISTORY... NEW ZEALAND IS PISSING ME OFF, RIGHT NOW!!! NOW I'M GONNA BE STUCK WITH LAME-ASS 1 YEAR OLD SONGS... DAMN IT!!!
Comment by Peter R., on 25-Mar-2009 14:31
As a Kiwi living in the States, and the Director of a large national historical preservation group, I'll spread the word as much as I can. I be the Yanks will jump on board (if for no other reason than they love the Kiwi accent).
Comment by Steve Jackson, on 25-May-2009 08:12
I had my internet access chopped at my job here in Vegas. I called my ISP (Cox Communications) to yell at them and they said that the Motion Picture Association of America had informed them that someone had downloaded Slumdog Millionaire through our IP address. In order for our service to be switched back on we had to allow the MPAA to come in and go through our servers and computers to make sure we weren't the ones who downloaded the movie. I told them to go eff themselves and I got another ISP.
I figured out that someone must've piggybacked my wireless when it was unsecured for a couple of days while I was doing some troubleshooting. I was completely shocked to say the least that a company had the power to do this.
Comment by DeweyD, on 4-Dec-2010 12:36
Agreed about ISPs, they shouldn't need to police customers. They're paying for it.. just make a TOS statement and be done with it. Anyone caught violating the TOS can be terminated.
Comment by Matthew, on 19-Jan-2011 13:06
Though I'm seriously again any regulations of any sort online, within reason, I'm not so sure blocking out anything is going to help anything. Just my opinion.
Comment by Eddie, on 31-Aug-2011 22:23
We all are missing a golden opportunity to get this message across... RWC 2011 is going to put NZ on the screens of millions of people worldwide. How bad would it look for the Government to have protest marches and demonstrations, against this law, aired world wide at the same time. Just a thought.
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Comment by Br3nda, on 16-Feb-2009 11:23
2/3s of my twtter list (900 people) have turned black already - and it's only been an hour or so.