Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


NZ Linux Community reject copyright law

New Zealand Linux Industry and Community reject guilt on accusation copyright laws Press release by LinuxChix NZ, Waikato Linux Users' Group and Wellington Linux Users' Group 11-March-2009

A new threat has emerged against Linux and other Open Source Software: New Zealand's new, ill-conceived copyright laws that pave the way for users to be disconnected on accusation of copyright infringement.

Copyright threats against Linux are nothing new. In 2003 The SCO Group, a commercial entity from the USA, falsely claimed copyright on parts of the Linux operating system. It took a long time, over four years for these claims to be declared as false by the courts and thrown out. Even though SCO Group's copyright claims were found baseless, the drawn-out legal process was prohibitively expensive and held the potential to severely damage the future of Linux.

Many New Zealand businesses and community groups fear the threat of false copyright accusations against Linux could result in internet disconnection and website takedowns without due process. There is no requirement under the new law to prove the accusations, nor are there any sanctions against those who make false ones.

Already, the country's third largest ISP, TelstraClear, has stated it will take down sites accused of hosting copyright infringing material without investigation or verification of the claims.

Failure to act promptly could costs ISPs dearly. The NZ Ministry of Economic Development has advised that: "The ISP is required to consider the notice of infringement and as soon as possible after receiving the notice either delete the allegedly infringing material or prevent access to it. If the ISP fails to take prompt action after receiving the notice, it could be liable for copyright infringement even if it was not directly responsible for the posting of the infringing material on the website."

This is the "guilt upon accusation" principle that is now being ensconced in law - it is unfair, unreasonable and goes against the grain of centuries of legal practice.

Current negotiations between Telecommunications Forum and a small group of media rights holders addresses only section 92A, and seeks to create code of practise that is voluntary. This code does not have the power to override the law. There seems to be no protection against false accusations causing disconnection and website take downs without due process.

Linux is crucial to New Zealand business, education, academia and immensely popular with hobbyists. New Zealand's new copyright law threatens the existence of Linux in this country. The new law must be repealed or rewritten to allow for due process in the name of fairness.

Wellington Linux Users' Group Waikato Linux Users' Group LinuxChix NZ

Background: Linux forms the base of many Open Source Operating Systems since the early 90s. It powers more than half of the world's web sites and is used in over a quarter of the embedded devices market. Nine out of ten of the world's top 500 supercomputers run Linux, which is making serious inroads the desktop market dominated by Microsoft and Apple currently.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Hope For Nature: A New Deal For The Commons

Joseph Cederwall on The Dig: The disruption and destruction of the interconnected biodiversity of Earth is the most serious challenge humanity has ever faced. This is an ecosystem emergency on an extinction scale. It is also a serious threat to the inherent rights of the diversity of non-human life, ecosystems and human Cultures on Earth to exist and thrive. The current global paradigm is devastating life everywhere by disrupting vital “ecosystem services” like the food, water, and climate regulation systems that both humanity and biodiversity depend on in an interconnected balance. It is increasingly clear that the primary driver of this crisis is the limiting and infectious worldview around land and resource use so central to the global capitalist system. To fully understand the biodiversity crisis and explore what comes next, it is necessary to address this mind-virus at the heart of our modern civilisation – the dominion worldview. More>>


Gordon Campbell: On The Farming Sector’s Persecution Complex

The narrative that our farmers are ‘doing it tough’ plays into a number of wellworn stereotypes ... More>>


corrections, prisonCorrections: Independent Review Of Prisoner Mail Management

The independent review into the prisoner mail system has today been released, with Corrections accepting all 13 recommendations and making a number of changes to strengthen the management of prisoner mail. More>>


IPCA: Unlawful Detention Of Teenager; Influence Of Investigation

The Independent Police Conduct Authority has found that former Inspector Hurimoana Dennis unlawfully detained an Auckland teenager in 2015, and improperly influenced the outcome of a criminal investigation into his own son in 2014. More>>


SOP For Gun Bill: New Measures For Modified Pistols

The new controls will • Prohibit short-barrelled semi-automatic rifles which currently are defined as pistols because they are shorter than 762 millimetres. • Introduce tighter controls over pistol carbine conversion kits… • Prohibit firearms which contain a part known as a centrefire lower receiver… More>>

'Culturally Arranged Visitors Visa': Fix For Marriage Visa Issue

Earlier this year Immigration New Zealand issued guidance to front line Immigration staff that made it significantly harder for people to get visas to visit their partner. That guidance no longer applies with today’s announcement. More>>


Conflict Of Interest For Key Member: Budget Data Breach Investigation Shut Down

State Services Commissioner Peter Hughes has today terminated the investigation into how Budget-sensitive material was accessed at the Treasury and appointed a new inquirer. More>>

RNZ Report: Mysterious Foundation Loaning NZ First Money

A mysterious foundation that loans money to New Zealand First is under scrutiny, with a university law professor saying although it's lawful, it fails to provide the transparency voters need in a democracy. More>>

Justice: Criminal Cases Review Commission Established

“We’ve seen how our justice system can very occasionally get things spectacularly wrong, even with rights of appeals, and there needs to be a chance for the innocent on the right grounds to seek a final review of their case...” More>>





InfoPages News Channels