The Ministry of Economic Development has today released public submissions on its proposed reworking of section 92a of the Copyright (New Technologies) Amendment Act.
Lobbyists on both sides have offered only guarded criticism of Simon Power’s reworked version of the controversial anti-pirate clause.
Some say due process isn't enough, and want account termination taken off the table altogether. Copyright holders are lobbying for it to stay. But in constrast to the highly-charged tone of arguments over the original clause, the renewed debate is mostly moderate, and constructive. An emotive stand-off has been defused.
Justice minister Simon Power has revealed his proposed reworking of Section 92a of the Copyright Amendment (New Technologies) Act. ISPs are off the piracy law enforcement hook. But the hitherto almost unknown Copyright Tribunal could be about to become very, very busy.
A discussion document, released at 1pm today, suggests a three-stage process:
1. Where there has been suspected infringement, rights-holders could complain to the internet service provider (ISP) which would notify the subscriber. If there was further infringement, a cease-and-desist order would be sent.
A French law with parallels to S92 has failed, unexpectedly, at the last hurdle. “Le journal néo-zélandais The National Business Review” makes a cameo appearance in the debate - but in the end the law fails for an unexpected reason.
Section 92a of our Copyright Amendment (New Technologies) Act was harsh and illiberal in its intent, requiring ISPs to act to directly police the law, and create a policy to cancel the accounts of repeat copyright infringers.
Prime Minister John Key has announced the government will throw out the controversial Section 92A of the Copyright Amendment (New Technologies) Act and start again.
Commerce and justice minister Simon Power will now meet with officials and rewrite Section 92A (S92) of the Act from the ground up.
"Section 92a is not going to come into force as originally written. We have now asked the minister of commerce to start work on a replacement section," the prime minister said.
No timeframe has been set for amending S92.