Re: New Zealand internet copyright law

Apr 20, 2011 6 Replies

"kreed"



formatting link



Absolutely shocking - the part about "proving innocence" is a very large worry, and basically wiping their arses with our legal rights.


** Nothing new in it at all.

If you get a notice for illegal parking, speeding or going through a red light - guess what ?



You get your chance to prove the notice wrong.



Similarly, if you get charged with a crime by the police - you get your day in court to prove them wrong.



Assuming that copyright infringement is considered criminal in NZ, proof beyond reasonable doubt is required once the matter hits a court or other justice tribunal. So, all any accused has to do is show that such a doubt exits in their case.



The oft quoted " presumption of innocence " is largely a myth and many folk make the error of taking the words literally.



Taken literally, it means the police would never investigate nor arrest anyone.


.... Phil


"kreed" "Sylvia"

That last statement is the biggest load of PC crap I have read all year.

** As Sylvia will no doubt attest - is not *too often* that I post in support of her comments.

( Note use of massive understatement .... )

But you are so full of irrational s*it here it would drown a million pigs.

.... Phil

On Tue, 19 Apr 2011 17:20:55 -0700 (PDT), kreed put finger to keyboard and composed:

I recently encountered this bizarre statement:

"Linking to the Apia Website is only permitted when authorised in writing by Apia. Please contact Apia if you would like to link to any part of the Apia Website."

formatting link

Does Australian law actually give Apia such rights?

- Franc Zabkar

Please remove one 'i' from my address when replying by email.

Nah making a claim and testing it in law are very different entities

X-No-Archive: Yes

"Franc Zabkar"

** Of course.

Under copyright law and illegal use of IP laws.

The T&C is very well worded and quite clear about what Apia are worried about.

..... Phil

No. They've probably latched onto a distinct issue which is where a site contains links to material that infringes copyright. In such a case the links themselves are held to facilitate copyright infringment.

I doubt Apia's wider terms of use would stand up either, given that their site does not require user's to sign up, and is not protected by a password.

Like so much IT small-print, it's a bluff.

Sylvia.

Join the Discussion

Have something to add? Share your thoughts — no account required.

Didn't find your answer?

Ask the community — no account required