Posts by Damian Christie
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Nigel McCulloch presents a report six months on from the General Elections in Cambodia
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Simon Pound talks to Auckland musician Andrew Spraggon a.k.a Sola Rosa about his new album, Get it Together.
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Damian Christie talks to Dr Randolph Nesse and Prof Peter Gluckman about Evolutionary Medicine and the bicentennary of Charles Darwin's birth.
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Ricky Danger is not just world famous in NZ, he's world famous in cyber-space. In fact with more than 160,000 friends, he's one of the most 'friended' Myspace people in the world. But why?
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Felicity Monk interviews Sean Kuti (son of Fela), Anika Moa and Dengue Fever, all performing at the Womad festival this year.
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is it really the judiciary's place to try and make sense of things the acutal legislators were too stupid and/or lazy and/or spineless to get right in the first place?
Am I legal beagle? Awesome, beats my other nickname, w***stain
And the answer is, kinda, yeah, that's pretty much a huge part of their job. But yes, it's ridiculous to knowingly enact such vague laws.
Although maybe in this situation the problem is that the offending is so widespread (or our notion of copyright so in need of a first principles review), so it's not the law's fault necessarily that all offenders (those of us just downloading the odd song/programme)are covered by the law, but only the really bad ones will face action.
It would be different if truly innocent people are included, as was (sort of) the case with people who owned iPods before the format shifting laws, or anyone who ever recorded something off TV onto a VHS.
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I'll also state, for the record, that I am strongly in favour of prosecutionfor hardcore piracy.
Yup. And as the music industry players themselves know, shuffling pirates from one ISP to another isn't going to achieve a hell of a lot, so why don't they just focus on prosecuting these people like they've been able to do under the Copyright Act for a while now (haven't they?) rather than snipping their broadband wires...
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If all these refusals fall through, I've got you on a hook for at least the 10 minutes it takes you to find another ISP.
Big market here for a new player.... PirateNet anyone?
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I also - and I acknowledge that I am far, far away - don't recall hearing it.
I've heard it explicitly, but implicitly it's there when talking about the 'will watching a YouTube video be a breach' examples - supporters of s92A will say "Of course not, this'll only be applied to hard-core pirates".
The discretion to prosecute lies with the police, and then due process kicks in.
True, although the concerns over vagueness in that law stretched past the police discretion, and up to the judicial level too. But point taken.
I guess the real discretion (to act or not to act) lies with the rights holder here, doesn't it, as it would in any civil case. And who knows how much they're going to want to play with their new toy.
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Also, just to throw a little more red meat into the lion's den here, isn't the "it'll never happen to reasonable people" argument that most here are decrying, exactly the argument pretty much the same people used to support the anti-smacking law?
Is the distinction that in one case the discretion lies with the police, in the other, with I guess an ISP or rights-holder? Guess so.