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Are we all ISPs now?

February 25, 2009

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All this business about S92A has been creating comment online and in the traditional media.

This letter on enforcing copyright in today’s NZ Herald certainly caught Adam’s eye.

Enforcing Copyright - NZ Herald - 25 February

Enforcing Copyright - NZ Herald - 25 February

If Mr Millett is correct, then there are provisions in the law which Adam suspects many are not aware of.

Consequently if we can all be defined as ISPs, as per the definition given in the letter, then who is defending our interests in the negotiations with the RIANZ, APRA and others.

Mr Millett’s letter points out again the major problems which we seem to have with so much NZ legislation. It is badly drafted. It is passed in haste. It is made even more difficult to understand by the habit of relying on the Courts to interpret. It contains clauses that are in many respects either nonsensical or reveal a total lack of understanding of reality.

Our legislative process needs a major overhaul. Quite frankly it is a disgrace that so much bad law is passed.

UPDATE:- David Farrar provides some useful clarification on the clauses mentioned by Mr Millett.

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