New Zealand's Digital Copyright Law Demonstrates Anti-Circumvention Flexibility
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Thursday April 10, 2008
New Zealand passed its digital copyright law this week, drawing the ire of the technology community and the blogosphere. While the bill isn't great, many of the provisions are far better than what Industry Minister Jim Prentice may have in mind for Canada including format and time shifting provisions as well as anti-circumvention provisions that are more flexible than those found in the DMCA. In fact, the anti-circumvention provisions are arguably the best of any country, since they are compliant with WIPO, limited in scope, and seek to preserve fair dealing rights.
On the anti-circumvention front, there are several things to note:
It also contains a mixed bag for Internet service providers. While ISPs are required to establish a policy for terminating "repeat infringers", the law appears to contain a fair amount of flexibility in how such a policy should be implemented. Moreover, ISPs are statutorily protected against liability for the infringing activities of their users. The law includes possible liability for storing infringing content once the ISP knows or has reason to believe that the content is infringing and it fails to take it down. The statute also clarifies that caching content is permitted. Overall, the ISP provisions are flawed, but not a total disaster.
While this bill is far from perfect, it is light years ahead of what Canadians were likely to get last December. Moreover, the combination of the recent Israel law (fair use) and the New Zealand law (flexible anti-circumvention), re-affirms that there is considerable copyright reform flexibility and that major countries around the world are taking advantage of that flexibility notwithstanding U.S. pressure. If those countries can do it, why can't Canada?
Ole Juul said:
Darryl Moore said:
Joel Brunetti said:
yah isnt great at all said:
heres my thoughts said:
Alexa Ereanora said:
Thursday April 10, 2008
We want to enhance competition and investment in this country, and this is why we adopted this policy back in 2008 for the AWS spectrum. Let me say that the price went down by an average of 11% since then, and we will continue this way with the 700 megahertz spectrum. We launched consultation with the industry to make sure that we enhance competition and provide better choice and better rates for our consumers.