Creative Commons Aotearoa New Zealand discussion

["Brett Taylor" <brett AT webfroot.co.nz>]

Honourable Judith Tizard,

I am quite excited about the new proposed amendments[1] you've sponsored in the copyright law -- format shifting for private use, exempting ISPs from copyright for caching reasons, and other quite sensible and useful things which I support.

However, as my right as a New Zealander, I do not support the criminalisation of circumventing copy protection systems, as this is doing more harm than good.  Unfortunately, it harms the fair dealing that the current Copyright Act allows -- among which includes citation for educational reasons -- reasons of identification and critique.  If an individual or business is breaking the law by circumventing copy protection for fair dealing reasons, then effectively it makes fair dealing of copy protected works illegal.

The USA has what is called the Digital Copyright Millennium Act which criminalises circumventing of copy protection systems in the same way your sponsored proposals do, which has been shown to have failed.  It has failed to protect copyrighted works from being copied without permission; works appear on worldwide online filesharing networks as illicit materials within minutes of their release. Not only that, it has created an anti-competitive marketplace where companies sue other companies for making products compatible with their products.[2] Our metric system works because we all adhere to its standards, which are openly available and taught.  When companies sue for adhering to their 'standards', it hurts everyone, especially the consumer, who loses out on choice and future proofing.

Copy protection systems have a place, but even the Recording Industry Association of America (RIAA) has admitted that Digital Rights Managment (DRM) and Electronic Rights Managment Information (ERMI) systems are only 'speed-bumps'[3] -- keeping honest people honest.  Even with the strongest copy protection systems available in the world today, it doesn't stop a determined criminal from infringing copyright. Where there is a will, there is a way.  But that shouldn't criminalise fair use and fair dealing of copyrighted works.

New Zealand, I believe, prides itself on it's creativity and ingenuity; our No. 8 Wire mentality. Creativity, including the creativity of the people of this nation and around the world, has always been built upon the past.  Locking works away in copy protection systems will lock away our past from being built upon. We will lose part of what makes our nation great.

Your honour, I strongly oppose the criminalisation of circumventing copy protection systems, the criminalisation of making, importing, hiring and selling of devices, services or creating or distributing information designed to circumvent copy protection systems.  As my right as a New Zealand citzen, I request that you and all other Members of Parliament  oppose these things for the safety and future of our nation.

I will leave you with a quote, by Sir Isaac Newton:

> "If I have seen further it is by standing on the shoulders of Giants."

 Allow New Zealanders to further our tradition of creativity: Don't lock up our giants. Oppose criminalisation of circumventing copy protection systems.

Thank you for your time.

References:
[1] http://www.knowledge-basket.co.nz/gpprint/docs/bills/20061021.txt
[2] 
http://www.boingboing.net/2006/12/06/new_zealand_to_get_t.html
[3] Chapter 10 (pg 116-173) of "Free Culture" (ISBN 1594200068) by Lawrence Lessig, Professor of Law, Harvard.  Full text freely available at 
http://www.free-culture.cc/freeculture.pdf
...And many others gladly made available upon request.

--
Sincerely, 

Brett Taylor
73b Hatton St, Karori, Wellington 6011
04 972 1337
021 0355193