TelstraClear decision must mean end of 92A

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Media Release - 11 March 2009 - InternetNZ (Internet New Zealand Inc) says TelstraClear's decision not to support the Telecommunications Carriers' Forum Copyright Code of Practice means the Government should promptly repeal Section 92A of the Copyright Act.

ExecutiveDirector Keith Davidson notes that the TelstraClear decision means the TCFcannot now implement the Code.

"Itis clear that the agreement that the Government sought will not now be reachedbetween ISPs and rightsholders. To attempt to bring 92A into force now wouldinvite disaster,” Davidson says.

"Theproblems with the Code have come to a head because the Government made thefuture of Section 92A dependent on agreement between a limited group of rightsholders and a small number of ISPs.

“Whatabout everyone else who is affected? Section 92A applies to any business thatprovides Internet services to its staff or hosts a website, and can betriggered by any rights holder or claimed rightsholder with a genuine complaintor a malicious axe to grind," says Davidson.

InternetNZacknowledges the work done by the TCF Working Party including TelstraClear inattempting in good faith to make Section 92A workable. InternetNZ is also amember of the Working Party.

“TheWorking Party’s efforts have made the best of an impossible job, and the workhas not been wasted. InternetNZ will continue to contribute to the developmentof the Code, while recognizing that it can no longer be implemented in the waythat was expected,” says Davidson.

Davidsonsays InternetNZ broadly agrees with the issues raised by TelstraClear, some ofwhich are reflected in its own submission to the Forum on the draft Code.

InternetNZhas always maintained that Section 92A is poorly drafted and that cutting offpeople's Internet is a disproportionate response to issues of copyrightinfringement. "Section 92A should never have been brought in and thisGovernment should not hesitate to repeal it," says Davidson.

InternetNZstands ready to enter further consultation on appropriate legislation inrespect to copyright and dealing with repeat copyright infringement.

InternetNZwould like to see a first principles review of the Copyright Act to takeaccount of the digital age, with full public and stakeholder consultation.

For moreinformation contact:

JordanCarter

InternetNZDeputy Executive Director

jordan@internetnz.net.nz

021 442649

InternetNZ'ssubmission to the Copyright Code of Practice:

http://www.internetnz.net.nz/issues/submissions/submissions-2009/2009-03-Copyright%20Code-sub-1.pdf/view

News Source : TelstraClear decision must mean end of 92A