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S92A -Skirmish won, campaign outcome in the balance

23/02/2009

Homepaddock, David Farrar, Keeping Stock, Roarprawn, The Standard, MonkeyWithTypewriter, No Minister, WhaleOil and others comment on John Key’s announcement that the implementation of S92A will be delayed until a code of practice is developed. If no code of practice is developed then the clauses may be scrapped.

This is being interpreted by many as victory for the protesters and for those lobbying against the law.

This is not necessarily the case. Computerworld is running an article on this matter which all those interested in this issue would do well to read. The article refers to a leaked letter from the Recording Industry Association of new Zealand.

As noted in the Computerworld article:-

Judging by the letter, the two sides have plenty of work left to do to reach agreement on a final Code of Practice, despite assurances last week from Minister of Commerce Simon Power that the two prominent rights holder organisations are “confident” that a code will be finalised.

Reading the article and the letter provides little comfort to Adam that an outcome acceptable to those who protested will be reached, if a Code of Practice acceptable to the RIANZ is agreed.

Further, he is suspicious that the delay announced pending agreement on a Code of Practice means that the law will be implemented providing a Code of Practice is agreed. All that means it seems to Adam is that a Code of Practice, any Code of Practice will be acceptable to Government.

This is not what the campaign was about in Adam’s view.

Repeal of the clauses should be our objective, not quiescent acceptance of a delay.

Adam is encouraged by John Key’s approach, especially when contrasted with the ancien regime. MWT wrote well on that point.

Adam agrees with WhaleOil who wrote:-

We will not let up the pressure now that is for sure

That approach is the one to take.

Incidentally WhaleOil is to be congratulated for the fact that in the TVNZ News comment on this issue tonight the clips showed his site at least twice with the WhaleOil header clearly visible.

Adam’s opinion is that an initial skirmish has been won, battle has yet to be fully joined and that a winning campaign will be a long hard slog. The enemy is powerful, well financed and wily. They are Goliaths we are in some respects a rabble yet to be melded into a disciplined and focused adversary. yet if we are to win, that is what we must become. At best the campaign outcome is in the balnce.

As part of the campaign we need to know why the government kept on with this law rather than repealing it. Thus Adam’s question of yesterday – Who is National’s Ancient Mariner? Is it Finlayson, Power, Joyce or someone else?

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