[nzlug] PCWorld Anti Piracy

[Nick Rout]

On Tue, January 8, 2008 4:12 pm, cr wrote:
> On Tuesday 08 January 2008 12:24, Robert Coup wrote:
>> On 08/01/2008, Nick Rout <nick at rout.co.nz> wrote:
>> > The problem with equating copyright infringement and "theft", from a
>> > legal point of view, is that our legal concepts of theft have
>> > traditionally dealt with physical things, not intangibles like
>> > intellectual property. In fact electricity is something that is
>> > specifically mentioned in the legislation as being "capable of being
>> > stolen", because traditionally you couldn't steal it.
>>
>> And to spell it out really clearly for an explaining-to-friends point of
>> view:
>>
>> Copyright infringement and theft aren't the same because:
>> When I steal your car, you can't use it anymore.
>> When I copy your CD, you can still use it, and so can I.
>>
>> (I'm not saying IP is bad or copyright infringement is good - just
>> pointing
>> out that calling it theft is very misleading)
>>
>> Rob :)
>
> Well, the monopolists would love us to believe that 'Piracy' (their word)
> is
> bad for everyone.   (They'd also like us to believe that giving them lots
> of
> money is good for _us_   ;)      But it gets into some very grey areas.
> How
> about being sent copies of overseas TV programs which haven't been
> screened
> here yet or released on DVD?    In fact, isn't taping a programme off the
> TV
> breach of copyright?    (Or does it only become so if you edit out the
> commercials?  <g>)

see section 84:

84 Recording for purposes of time shifting

(1)The making for private and domestic use of a recording of a broadcast
or cable programme solely for the purpose of enabling the recording to be
viewed or listened to at a more convenient time does not infringe
copyright in the broadcast or cable programme or in any work included in
the broadcast or cable programme.

(2)A recording that is—

(a)Made under subsection (1) of this section; and

(b)Retained for any longer than is necessary—

(i)To enable the recording to be viewed or listened to at a more
convenient time; and

(ii)If the person who viewed or listened to the recording wishes to make a
complaint, to enable that person to prepare and despatch a complaint,
including the recording, to any person or body having responsibility for
dealing with complaints about the content of broadcasts or cable
programmes or advertising contained in broadcasts or cable programmes—

infringes copyright in the broadcast or cable programme recorded and in
any work included in the recording, and shall be treated as an infringing
copy.

>
> (Disclaimer - I'm not advocating wholesale piracy, but the situation is
> nothing like what the monopolists would have us believe).
>

I thoroughly agree!

-- 
Nick Rout