Posts by Russell Brown

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  • Hard News: High Noon,

    I've stated my personal stance at length.

    Yes, you've repeatedly taken a maximalist copyright position, while occasionally admitting that you personally make illicit downloads of copyright material. And on this basis, you've attacked me personally as a hypocrite.

    Go figure.

    But I'm not trying to be a high level spokesperson on this and I'm not trying to stir up a movement of people to fight against a law that doesn't even have a finished code of practice yet.

    I'm not "trying" to be anything. I was asked to help out, and I've done so on the basis of principle. It would be easier not to: it's quite a stressful week as it is.

    But one thing I've consistently tried not to do is personalise the issue. I've repeatedly spoken up for people on the other side of the argument, and pulled up people here when they've personally attacked them.

    I want to hear this from the perspective of someone who on Radio New Zealand fanned hysteria by saying it was quite possible you could be disconnected for watching a video on youtube.

    Sigh ... Kathryn Ryan asked me about watching an infringing clip on YouTube and I said that that was, in principle, an infringement too. I didn't say you would be disconnected for watching it, although technically, you would be a repeat infringer. It may comfort you to think that the clip you watch on YouTube isn't an infringing copy, but it is.

    Frankly Rob, this is more about your hangup with me than anything else. I'm not going to read any more of your emails. You've complained about being personally attacked but you're happy enough to dish it out from behind your pseudonym. Please, just stop it.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Hard News: High Noon,

    Me too on your post, Simon.

    The funny thing is that I'm going to stand up tomorrow morning in front of a hall full of webby people and say, don't write these music people off and don't be polarised. I'm quite clear on the principles behind my stance on this issue and I'm not going to personalise it.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Hard News: High Noon,

    But my experience of the man (and it's extensive) is that he's brutally honest and I'd be surprised if deviously tossing another bogeyman into the mix is in character. He speaks his mind.

    Also, he's a hard-nosed lawyer. That's fine. He'd have gone wild if he'd had a client on the other side of the argument.

    I had actually only called in to point out that Key's claims that (a) National opposed the provision, then (b) They only supported it because that was the advice from officials were both demonstrably untrue. Had I been planning a debate I wouldn't have been driving a car.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Hard News: High Noon,

    Dodgy hotel wi-fi.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Hard News: High Noon,

    He also got you to say you don't have a problem with the concept downloading is illegal. you clearly answered no you don't.

    To the extent that it would permit a claim of an infringing copy in civil law, no I don't. That right exists for a reason. Reasonable people will argue as to by what mean and to what extent it should best be pursued and how that should nudge into actual criminal law,

    I might also point out that my proposal was for for a low-cost copyright court, modelled on the Disputes Tribunal, so Chris could pursue a claim there, rather than incur the expense of going to the High Court. I wasn't saying he shouldn't be able to pursue a claim. The copyright lobby's current position is that the ISPs should bear the cost of its claims, which I don't think is reasonable.

    I'm also of the mind that it's not reasonable that 92A mandates a penalty -- disconnect from the internet -- that no court or tribunal would.

    yet we have you giving people directions on how to download copyright material that is easily available from web stores.

    You've put quite some time into this, haven't you? Graeme was wondering whether a PBS TV jazz series would ever actually appear in Region 4 so he could pay money for it. The DVD you pointed to is Region 1. I wasn't really encouraging anyone to download it, and I didn't do so myself. The point was the weirdly broken business model.

    you said you don't file-share box-office movies or music then say you downloaded an NZ band specifically The Terminals album and from people you could easily contact if you needed to.

    Should I really have to write to every band I think might be good? I heard about that album and tried to find it on every download service I could think of, including Amplifier (they're on a tiny American label). I tried at Real Groovy. And then I bought it at first opportunity. I'm not sure that makes me the bad guy.

    But what's you personal stance, Rob, in light of your own admitted copyright infringements? This argument quickly becomes pointless. Do you think all the people who argued against format-shifting actually don't copy music to their iPods?

    Once again, reasonable people can disagree -- and argue on the radio -- about this. Gotcha isn't really an argument.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Hard News: High Noon,

    Remind me not to have a dinner party ...

    Right. Chris is a good guy, and a friend, and the discussion was vigorous but never nasty.

    But he did immediately jump down my throat, and what he said I took to be indicative of what the other side of this argument are telling themselves.

    1. The first thing he said was that I was just trying to clear the way for piracy without consequences, or something. It was a silly and unhelpful thing to say.

    2. He did claim that Telecom, "the biggest lobbying machine in the country" had been putting pressure on the government and that was why John Key was jammed into reverse in his conversation with Mikey. The only thing to say about this is that it indicates Chris doesn't have a clue what's going on this week. What's putting pressure on the government is the flood of emails going into Simon Power's office. The idea that it's some black ops by Telecom is just plain wrong.

    But if I hadn't been driving on the motorway (and if I'd been able to get a word in properly) I'd have had time to lead Chris to a logical conclusion.

    If I accept his contention that the law is fine but it relies on the TCF draft code of conduct, which needs fixing -- and agreement on that seems months rather than weeks away -- then in what sense can it possibly be wise to bring the law into force?

    It's possibly the single strongest point. The law doesn't work without the code, and the code isn't there. So why would you enact the law next week?

    I don't want much. I'll settle for a six-month delay on Section 92A so the idea can be properly assessed. In the circumstances, I think that's a very logical position.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Legal Beagle: Three strikes (w/ updates),

    Thanks Graeme. I am somewhat relieved to hear that the bill isn't quite as bad as those in US states. Three strikes has been a disaster in California.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Hard News: High Noon,

    Don't go looking for me at the public demonstration. There was a little booking whoopsie and I now won't be landing in Welly until 12.30. Oh well. At least I can get some work done while I wait ...

    Auckland • Since Nov 2006 • 22850 posts Report

  • Hard News: The Public Bad,

    Celebrate with me good folk! It is, this day, the 25th year since 'tbp' was launched upon an unsuspecting world. Whoever would've thought it would turn up in Czechoslovakian?

    Wow!

    What a wonderful achievement.

    It makes me think that it's nearly that long since someone showed me a copy of the Spiral edition and said, there's something special going on with this book ...

    Congratulations.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Hard News: The Public Bad,

    What was Seth's Speyside? That bottle rocked.

    The Glen Rothes 1994.

    Fruity right out the top of the bottle and it felt lovely in my mouth.

    Auckland • Since Nov 2006 • 22850 posts Report

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