Regular visitors will notice that the site has suddenly developed a black theme. The reason is our support of the Internet Blackout being promoted by the Creative Freedom Foundation in response to s92A of the Copyright Act, which takes effect on 28 February 2009.
This invidious piece of legislation allows Internet users to be disconnected by their ISPs based on “guilt by accusation” – if a copyright owners such as RIANZ say that a user is downloading content illegally from the Internet, their ISP is obliged to act on the accusation. In practice, this means that the ISP will disconnect the user from their Internet connection – with no proof necessary, no redress, no chance to argue, and no natural justice.
There’s nowhere else in New Zealand law where you’re presumed guilty and have no access to justice, and New Zealand appears to be the only country in the world that has adopted this draconian approach to copyright enforcement. When amendments to the Copyright Act were being considered by Parliament, this “guilt by accusation” clause was removed by the Select Committee. But then-Minister Judith Tizard reinstated it, with the complicity of National’s Chris Finlayson, cravenly pandering to industry lobbyists. (Mark Harris has a great summary of the behind-closed-doors dealings here.)
So please join the protest. You can e-mail your MP, protest online, or join the protest outside Parliament at 12:00 midday on Thursday 19 February.
Update: The protest has certainly got the attention of the world’s media, and it looks like slow progress is being made towards a copyright regime that reflects the reality of the 21st Century. Russell Brown summarises the state of the play, and normal colours have now been resumed on the Mt Victoria website.




