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Discuss: Intellectual property or toll-gates on the information highway?
June 9, 2011
7:53 pm
Richard
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February 7, 2011
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Facilitator: Rick Shera, Lowndes Jordan

Programme Link

The Internet has expanded from an academic curiosity into the biggest single piece of infrastructure in the world in less than three decades. Its rate of expansion has been staggering; far faster than television, radio or the telephone system. Part of the reason for this expansion has been the open architecture of the Internet. At its very deepest level, the Internet has openness “baked in”. The openness of the Internet collides head on with the notion of “intellectual property”.

This impact is most apparent in the area of copyrighted entertainment, where bodies representing movie and music producers have been trying, abetted by the US Government, to get governments to pass laws to remove allegedly infringing item from the Internet and even to disconnect the Internet from accused infringers.To some, this is legitimate enforcement of a property right.

To others, it is akin to erecting a roadblock on a highway and demanding money from passers-by. For some people, even the term intellectual property is misleading as it incorporates a variety of different limited rights enforceable over intangible materials. This session will be discussing whether copyright can coexist at all with an open Internet, and if so, what modifications we will have to make to both of them?

June 14, 2011
5:57 pm
Tim McNamara
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May 17, 2011
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The recent eG8 meeting had a presentation on a very similar theme. The video makes for interesting background material.

June 20, 2011
12:31 pm
Rick Shera
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February 14, 2011
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Tim,  That link doesn't seem to work for me - just seems to keeo trying to connect but nothing happens

June 25, 2011
4:35 pm
Elpie
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June 25, 2011
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The presentation is also available as a PDF Rick. You can grab it here: http://www.eg8forum.com/ebook/data/document.pdf

I haven't been able to view the video either, but the ebook is interesting.

June 27, 2011
10:33 am
Rick Shera
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February 14, 2011
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Thanks Lynne - yes well worth reading by all NetHui attendees.

June 27, 2011
1:02 pm
Rick Shera
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FAIR USE: ANOTHER COPYRIGHT HACK ... MORE OR LESS

We've only got an hour in the session I am facilitating so we're not going to bring the "IP wars" to an end in that short time.

Feedback already received though, from those who have responded to the Nethui administrators' quick email questionnaire, suggests people would like to move on from, say, a narrow discussion of the Copyright (Infringing File Sharing) Amendment Act (although, given the regime's imminent launch, no doubt the topic will come up).  People are interested in where we might go now.

 

I think a useful focal point for our discussion of roadblocks vs openness would be to consider whether we should have a broad fair use exception in New Zealand.  Judith Tizard announced in 2008 that we were going to look at an aspect of this - parody and satire - but nothing came of it http://www.beehive.govt.nz/rel.....-announced .

 

There is lots of material out there but here are a few links to get you started (in no particular order).  Some are pretty heavy going, but ... for the aficionados:

 

US Copyright Office explanation - http://www.copyright.gov/fls/fl102.html

Fair Use amicus brief in a Righthaven case - https://www.eff.org/files/filenode/uscg/schultzamicus.pdf

UK musings from Dr Eion O'Dell - http://www.cearta.ie/2010/12/f.....-wish-for/

Fair use really means free use - http://www.jeremynicholl.com/b.....se-for-uk/

US economic value of fair use - http://www.ccianet.org/CCIA/fi.....-final.pdf

Barry Sookman counters Professor Geist - http://www.barrysookman.com/20.....confusion/

 

But, hey, I'm just a facilitator.  It's your discussion.  If you want a more philosophical debate on the role of Sonny Bono in the development of 20th Century copyright law, we can do that instead http://en.wikipedia.org/wiki/C.....ension_Act

 

June 27, 2011
2:53 pm
Melanie Johnson
Guest

The Australians have a fair dealing exception which was introduced to "provide a 'flexible exception to enable copyright material to be used for certain socially beneficial purposes" section 200AB.  The section applies to libraries, educational institutions etc .  A guide to s200AB can be found here:

http://www.digital.org.au/docu.....kfinal.pdf

 

If a similar amendment was made to our Act it would provide some flexibility to the uses educational institutions can make of material which doesn't fall under our existing copyright licences or the Act because of changes in technology and the way in which teaching is delivered now.

June 27, 2011
3:04 pm
Rick Shera
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Thanx Melanie.  The Aussies also have a parody and satire exception so they have moved in quite a way this area whereas we have not - http://www.austlii.edu.au/au/l...../s41a.html

 

 

June 29, 2011
11:32 am
LIISA
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June 8, 2011
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I'm not sure where this topic would best fit (and it is late, sorry), but:

Given the various discussions about NZ public service ‘broadcasting’
+ media convergence of late, I'm curious about how the public good fits in with
various internet controls. (This is pretty narrow, but) - primarily music
copyright vs being able to (easily, legally) provide publicly-funded media
content about NZ music/musicians in online environments.

NZ could be compiling great online repositories of NZ music stories/voices/culture
for all. Currently it is very hard to do this legally if music rights holders
are part-owners of the content (alongside the public, who have a right to
access what they have contributed to).

Can ideas of public good, mutual and/or shared benefit,
retaining national identity be incorporated into copyright law? – or more likely its application?
- because there does seem to be a big gap between the letter of law, the dearth of local case
law, and the application of the law - meaning risk-averse content creators are
disadvantaged by sticking to the letter of the law, while others do not (and are
not penalised).

Anyway, I'll try to listen in a bit from WN. Have fun.

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