Hard News: Judge Harvey: My part in his downfall
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Russell Brown, in reply to
Russell said “he is us”. Judge Harvey said “he is [the] US”.
Judge Harvey said "he is us"
I tweeted "he is us", quoting him.
And then he made a pun: "he is U.S."
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Chris Keall's NBR story alludes to Oliver Hazard Perry as the originator of the "we have met the enemy and he is X" trope.
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Russell Brown, in reply to
I think the Herald’s decision to lead with this story (and deliberately mis-interpret the context?) is as ill-judged as Judge Harvey’s quip. Oh, the irony!
I'm a bit torn over this. Yes, what was reported was what was said. But did the Herald story go for a more sensational angle? Yes also.
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Sacha, in reply to
did the Herald story go for a more sensational angle?
Hard to fault Nat's summary:
the article’s flow was “SCANDAL! POSSIBLE SCANDAL! Some fact. (probably not scandal)”
But I suspect the damage was done by the overseas tech blogs not doing things as thoroughly as say the BBC.
Judge Harvey made the comment at the NetHui internet conference in Auckland on 12 July.
He had been taking part in a discussion about the Trans-Pacific Partnership (TPP) treaty - a proposed intellectual rights agreement involving the US and about a dozen other countries.
The judge had noted that at present it was legal for citizens in New Zealand to hack DVD region codes to watch disks designed to be restricted to other countries, adding that TPP would change this.
"Under TPP and the American Digital Millennium copyright provisions you will not be able to do that, that will be prohibited," he said.
"If you do you will be a criminal, that's what will happen.
"There are all sorts of ways this whole thing is being ramped up and if I could use Russell's tweet from earlier on - we have met the enemy and he is US."
The reference was a play on words adapting the quote "we have met the enemy and he is us".
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Russell Brown, in reply to
it was legal for citizens in New Zealand to hack DVD region codes to watch disks designed to be restricted to other countries
Heh. Hacker nation.
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Sacha, in reply to
has to be some marketing mileage there. Attract Swedish migrants, etc.
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Martin Lindberg, in reply to
Attract Swedish migrants, etc
why else would I be here? ;-)
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Sacha, in reply to
our backpacking opportunities :)
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Would it have been alright if Judge Harvey held such personal feelings about the US and copyright while working on the KimDotCom case, but did not disclose them?
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Sacha, in reply to
Not so much 'personal feelings' as an opinion based on evidence by anyone who knows the subject area well enough.
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Chris Keall has a longer story about the context for the Judge's remark.
Given the extreme consequence of Judge Harvey's one-liner, it's worth looking at its context – which includes his broader assertion that NZ copyright law protects not just a copyright holder, but an audience's right to access content.
That is 100% true, but also wildly unpalatable for Kim Dotcom's foes. A US-driven chapter of the TPP would over-ride that philosophy.
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In bringing the TPP to such front-page prominence, regardless of the Kim Dotcom case, the learned Judge may have done a *good thing* for the wider cause.
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Kumara Republic, in reply to
In bringing the TPP to such front-page prominence, regardless of the Kim Dotcom case, the learned Judge may have done a *good thing* for the wider cause.
Something I suspect the Raindancers for John Frum, oops, TPPA shills, didn't plan on happening.
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It was a beat-up coming out of nothing, but Judge Harvey did the right thing. Standing down was an act of remarkable integrity to maintain faith in New Zealand's justice system.
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Islander, in reply to
Standing down was an act of remarkable integrity to maintain faith in New Zealand’s justice system.
It was remarkable when contrasted with the acts of politicians, some of whom totally lack integrity - but he behaved in the best traditions of our judiciary (and indeed, the fount from which our judicial sytem sprang.)
I am now rarely proud of being an ANZer: everything seems so grubbed over with just one standard - whaddya worth? And if you arnt wealthy & you dont provide wealth (in the only - monetary- sense it is now understood) - you aint worth anything, mate...Judge Harvey has given me renewed hope that ANZers
can still stand proud- -
Rob Stowell, in reply to
Judge Harvey has given me renewed hope that ANZers
can still stand proud-and that's priceless :)
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Radio NZ story from yesterday begins with actual audio of Harvey's sentence (4 mins, listening options).
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Judge Harvey said "he is us"
I tweeted "he is us", quoting him.
And then he made a pun: "he is U.S."
and then he got fired. It's a sad affair when lawcases gets influenced by good wit. Something feels wrong with this.
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Richard Aston, in reply to
Nice re-frame Islander ,
I was thinking down the track that he'd been set up by a media feeding frenzy etc etc but you are pointing out Judge Harvey has publicly demonstrated moral character in the middle of a case drowning in moral ambiguity - I nice antidote to the politicians running for cover after receiving their dotcom bribes.
Yeah maybe there is renewed hope -
merc, in reply to
Indeed. It has A Man For All Seasons feel to it.
"More is a man of an angel's wit and singular learning. I know not his fellow. For where is the man of that gentleness, lowliness and affability? And, as time requireth, a man of marvelous mirth and pastimes, and sometime of as sad gravity. A man for all seasons."
http://en.wikipedia.org/wiki/A_Man_for_All_Seasons -
Jeremy Eade, in reply to
Exactly, it was a delightful quote and a cute pun. The influence of the joke surely exagerrated by a huge spotlight on a tiny exchange of words.
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merc, in reply to
Judging by what I have witnessed regarding our Prime Minister's and their generally collective lack of respect for the judiciary, I feel Judge Harvey is better off out of it.
Russell may well have aided in the Judge's non-downfall at the hands of an acquiescent NZ Govt. -
Jeremy Eade, in reply to
Sure, but evolving the law is still a desirable acitivity, as is sorting out this Dotcom case and having clarity on the issues. It's a pretty important case and the abscence of this individual seems a loss to that cause, well according to most of the comments about his particular talents.
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merc, in reply to
NZ law, thank God, is more than adequate to the task, as are any of our Judges. The NZ Govt. on the other hand, bloweth where the wind listeth.
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Jeremy Eade, in reply to
Not god, but Rich English Barons and Lazy Kings. I guess I was under the impression that N.Z law had already failed by letting the arrest happen.
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