[nzlug] Copyright, Fair Trading and Software Freedom

[Nick Rout]

On Wed, Jul 16, 2008 at 10:23 AM, Matthew Poole <matt at p00le.net> wrote:
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> Bruce Kingsbury wrote:
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> | I always understood that we (the consumer) _did_ have the right to make
> | copies for fair dealing, backup, educational use, and timeshifting.
> |
> Nobody was quite sure what was permitted, which is why the phrase
> "clarify and amend" was used. The old Act was pretty narrow and
> draconian, hence needing clarification.
> The assumption on the part of copyright owners was that they had to
> anoint any use that wasn't the single backup copy of software, or
> time-shifting a broadcasted work. Consumers thought, as you did that,
> they could do the same things the US concept of "fair use" allowed,
> which mostly *wasn't* allowed under NZ law.
> - --
> Matthew Poole

>From what I can see the amendments are not yet in force, but I may be
wrong. The Act prvides that s19(2) comes into force on royal assent,
but the rest of the amendment act comes into force "on a date to be
appointed by the Governor-General by Order in Council".

I cannot find any order in council on the legislation.govt.nz website
which brings the amendments (other than s19(2)) into force.

The amendments as passed by parliament in final form are viewable on
that website or as a PDF here
http://legislation.govt.nz/act/public/2008/0027/latest/096be8ed801eb356.pdf

Ahh here we are:

"Prior to the Copyright (New Technologies) Amendment Act coming into
force, two sets of regulations must be made in relation to prescribed
forms for ISPs and TPMs. We anticipate the Act will therefore come
into force in October 2008."

http://www.med.govt.nz/templates/ContentTopicSummary____1103.aspx