[nzlug] Copyright, Fair Trading and Software Freedom

[Nevyn]

On Tue, Jul 15, 2008 at 10:29 PM, simon <simonbridge at ihug.co.nz> wrote:
> On Tue, 2008-07-15 at 18:41 +1200, Nevyn wrote:
>> Probably more the rhealm of nzoss (http://nzoss.org.nz/)
>>
> Oh sure - I seem to remember that it was discussed here too.
>
> I found an old summary and don't know how current it is.
> These are the amendments of concern:
>
>
>> o    amend the provision relating to technological protection measures---
>>
>>      o    so that the prohibition against the making, importing, hiring, and
>>           selling of devices, services, or information designed to circumvent
>>           "copy protection" be expanded to cover devices, services, or
>>           information that circumvent technological protection measures that
>>           protect all rights provided to copyright owners (including
>>           communication, not just copying); and
>>
>>      o    to facilitate the actual exercise of permitted acts where
>>           technological measures have been applied:
>>
>> o    introduce an offence (carrying a sentence of a fine not exceeding $150,000
>>      or a term of imprisonment of up to 5 years, or both) for commercial
>>      dealing in devices, services, or information designed to circumvent
>>      technological protection measures:
>>
>> o    provide protection for electronic rights management information that
>>      identifies content protected by copyright and the terms and conditions of
>>      use, but not for the tracking functions associated with this technology:
>>
>> o    introduce an offence provision (carrying a sentence of a fine not
>>      exceeding $150,000 or a term of imprisonment of up to 5 years, or both)
>>      for commercial dealing in works where the electronic rights management
>>      information has been removed or altered:
>>
>> o    clarify and amend the exceptions to copyright owners' exclusive rights,
>>      particularly in relation to fair dealing, library, archival, and
>>      educational use, and time shifting:
>>
>> o    introduce new exceptions for format-shifting of sound recordings for
>>      private and domestic use, and for decompilation and error correction of
>>      software.
>>
> http://www.knowledge-basket.co.nz/gpprint/docs/bills/20061021.txt
> I'll have to read more closely about the exceptions in that last bit.

I only mention that because this list is more about the users. As Mark
is always saying, things of a "technical nature". While law has
technicalities, I take the "things of a technical nature" to be more
in the context of computers.

Still, no harm in asking. I just think that, while we, users, have a
concern and a vested interest, are not as likely to have a good grasp
on the legalities as those who subscribe to NZOSS. As the NZOSS site
states:

"The New Zealand Open Source Society is a non-profit organisation set
up to protect, advocate and advance the use of Open Source Software in
New Zealand."

We don't really do much to protect the use of Open Source Software. We
use it. Alot of us advocate it, and some of even manage to advance the
use of it, but there is a definite difference, whether it's in aim or
focus - my bet is on focus. And to protect the use of requires a
knowledge of the law and proposed laws thus, much more likely to find
someone who knows the intricacies of NZ law in regards of F/OSS.