Red Alert

Why NZers should beware of ACTA

Posted by Clare Curran on April 12th, 2010

Michael Geist, Canadian law expert, says NZ is one of the most important countries in the world on copyright policy.

He talks about the enormous influence being wielded behind the scenes by the big copyright organisations, in the recording and movie industries and questions why they have so much power given that so many artists are now controlling their own works online.

Geist is in NZ because of the secret talks being conducted in Wellington this week, called the Anti-Counterfeiting Trade Agreement (ACTA).

If you’re interested in this issue listen to Kathryn Ryan interview Michael Geist on RadioNZ’s ninetonoon today. A good interview.


6 Responses to “Why NZers should beware of ACTA”

  1. Quoth the Raven says:

    On this site we often see sycophantic articles praising Obamessiah. I think some should look more closely at what Obama is actually doing, like how he recently ordered the assassination of a US citizen without trial, and this dispicable ACTA. Which is just another example of Obama’s corporatism. As Cory Doctorow notes

    What we see here, though, is a radical rewriting of the world’s Internet laws, taking place in secret, without public input. Public input? Hell, even Members of Parliament and Congressmembers don’t get a say in this. The Obama administration’s trade rep says that the US will sign onto ACTA without Congressional debate, under an administrative decree.

    I’m glad Labour flipped flopped on 92a but let’s not forget that Labour originally introduced it and were defending it at the time in full knowledge of how atrocious it was.

  2. Ben says:

    I don’t have a problem with the agreement. In substance it is effectively streamlining what is essentially already encompassed in existing law (legislation, regulation and common law).

    The problem I have is that the countries where the real problems lie are not participating in the agreement. So really as it stands this agreement doesn’t really give anyone anything they couldn’t already get through instructing a law firm to act on their behalf in the relevant country that is a party to the agreement.

  3. Steve says:

    Are you a simpleton? We could “effectively streamline” a lot of criminal accusations by removing the justice system, due process and burden of proof, or that annoying presumption of innocence, all of which apparently you have “no problem with” as that’s what ACTA “streamlines” out. No you can’t automatically get round these things by “instructing a law firm to act on your behalf” genius.

    Proportionate punishment is also “streamlined” out, and a private industries’ protectionism is codified in its most corrupt form in ACTA (I guess you haven’t bothered reading the Wellington declaration which stands up for your rights?).

    Common law?? The oldest common law introduced a person’s right to trial. If you’re so anti these rights which so many of our families fought and died for in the past you really shouldn’t live in this country.

  4. Spud says:

    8O – Clare’s not here. She must be out with F arrar :o

  5. Ben says:

    @ Steve

    No I actually have a law degree and know what common law is, which apparantly you don’t you.

    When I referred to common law I meant the law developed by Judges, Courts and Tribunals, NOT the common law legal system (which is a different concept :) albeit a related one)

    In your apparant infinite wisdom regarding Copyright Law, you seem to have neglected to recall that Copyright is actionable in both Criminal and Civil jursidictions and quite often Criminal proceedings are used as a bargaining chip in civil negotiations. Added to that generally those who have their rights infringed are not going to waste their time on the small and under-resourced, they are going to target the commercial and/or large scale infringes e.g. China etc… which was the actual point of my comment.

    A few other points:

    1. Copyright actions are very difficult to prove on the elements therefore Criminal Actions are costly and unlikely, particularly given the already stretched Crown Law and related agency budgets.

    2. For this agreement to have any effect it would need go through the legislative process, the Attorney-General would be required ot alert members to any of the forms of breaches you allege so adjustments would probably be made to fit the NZ context. The agreement as it stands is a set of principles to be incorporated into the laws of countries with different legal systems both Common Law (see thats how its used in the alterante context) and Civil Law (European etc.. just so you don’t confuse it with the Civil jurisdiction of the Common Law system).

    3. If the Courts feel that the Legislated version of this agreement infringes upon various fundamental rights, then
    they have the capacity to read it down.

    Oh finally I’m not going to be lectured on this site (with all its links to the dear old EFA)about:

    ” rights which so many of our families fought and died for in the past you really shouldn’t live in this country”

    Are you equally passionate about VSM?

  6. Matt P says:

    US government finally admits most piracy estimates are bogus

    http://arstechnica.com/tech-policy/news/2010/04/us-government-finally-admits-most-piracy-estimates-are-bogus.ars

    I’m sure Mr. Power and the media cartel will consider this more good reason to keep pushing for ACTA and that copyright infringement bill that’s going to save the industry from….well, a danger they made up.

    Glad to see our politics are based on facts, not corporate hand-outs.

    Oh wait.

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