[chuck]

Oh boy. This debate. It's like abortion and Israel - no-one ever wins.

Currently in NZ there is a bill - that will become law on Feb 27th - Section 92a - which makes ISP's liable for all copyright infringement. And ISP's must terminate internet connections of those suspected of said copyright infringement. No proof is required. No court action is required. Merely allegation.

It's being pushed by APRA, and the record labels - and it's being opposed by many - including artists.

The law is poorly written - on so many levels and ignores a new reality of digital work. One example of how it's badly written is in its very definition of an ISP - it includes any person or organisation that has a website. WTF?

Naturally it opens up a whole can of worms - and of course much controversy. Apart from the sheer insanity of the technology and man hours required to prove an allegation - why would ISP's want to disconnect their clients? It's like holding the government liable for deaths of people on state owned roads.

In NZ it's illegal, under the current law for me to buy a CD - then rip the contents of that CD onto my computer and then load it onto my iPod. The big business side of the recording industry has seen fit to make me purchase a VHS, a DVD, and now a Blu-ray of the same content. Not to mention the number of times Lucas has foisted re-interpratations of the Star Wars trilogies on us.

I love movies, I've bought plenty on VHS and now on DVD, but if I want to watch one of the movies I already own on MY portable player - I have to go out and buy (PSP) or pay to download another copy (via iTunes)- of the same thing? That's a bit shit when I'll even do the re-encoding myself to save you the work.

I have to disagree on one of your points Sean - imo - this is not an issue of theft. Theft is if I take something that belongs to you - and you no longer have it. If I torrent a copy of your remix - you still have the remix. This is an issue of fair use and who is compensated for created content. I'm all for fair use and fair compensation - but this issue of piracy isn't exactly Johnny Depp and the pirates of Barbary.

I mean - here in NZ - not only is the definition flawed - but the language is inflammatory and ridiculous. This is the pdf - that got sent out to schools by NZFACT. Can you actually read that and not chuckle at the OTT-ness of it all?

If you use peer-to-peer file-sharing services, you risk breaking the law, downloading a serious computer virus, sharing your personal data, which can lead to identity theft, and getting exposed to pornographic materials.

Yes - if you use P2P technology you could be exposed to pornographic material!!!! aaarrghh.... as opposed to, you know, turning on the news.

If I go to a library and borrow an author's book - read it, then put it back, am I in breach of copyright? Is the next person who borrows that book? Is the rate-payer funded library liable?

If I go and look at a painting hanging in a public gallery, decide I like it - then buy a copy of that painting as a postcard, then download a copy of that painting to use as my desktop - at which point do I break copyright? Is it when I downloaded the image using bittorrent? Or was it when I scanned the postcard into my computer? Or was it if I took out my cellphone and took a picture of the painting?

As a teacher, I will be in breach of the law in NZ when I show a youtube video, such as . That is the BBC's content - not mine.

I have friends who've been screwed over by record labels, and have then gone on to do done damn well licensing their music - and selling it online. There's Radiohead, there's NIN, there's the Python's cleaning up - after they setup their own youtube channel.

And has been said - all it does is push filesharing further underground - another protocol or co-located host will be setup. I mean - wasn't the victory over Napster meant to save the music industry? They poured millions of dollars into that fight - and then expect us to go out and pay for Girls Aloud and yet another Hannah Montana compilation?

Lawrence Lessig, the people over at Creative Commons, the EFF - there are sane people discussing this issue. IMHO - they need to be listened too.