s92A is dead and buried

I like the headline on NewstalkZB – Government dumps stupid law.

NZPA reports:

“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,” Mr Key said.

“There is a need for legislation in this area, some progress was made between copyright holders and the ISPs but not enough to agree a code of conduct.

“In our view there are a number of issues that made it difficult to complete that code of conduct without fixing the fundamental flaws in section 92a.”

Mr Key said there needed to be unanimous support amongst ISPs and Commerce Minister Simon Power would be engaging with some experts in the area to go back to the basics.

Mr Key has said previously both sides of the debate had a point.

The Government would not allow the internet to be the “wild west” where any copyright holders did not have entitlement to compensation or recognition of their work.

However, its interactive nature led to different issues from the traditional media, Mr Key said.

I’m delighted that the Government has reached the almost inevitable conclusion that the law was so flawed it was unworkable.

May it stay buried with the career of its author.

There is a challenge ahead to see what sort of law (if any) can be framed to help reduce copyright infringement. It is worth remembering that s92A does not affect that it is illegal to infringe a rights holder’s copyright and that they can go to court to get compensation.

Personally I would be open to seeing if there is a way ISPs can work with rights holders to (for example) issue education notices to alleged infringers. But rather than do it by legislation, maybe by voluntary agreement with reimbursement for costs. Overseas experience has shown mere receipt of an notice will discourage the recipient from further infringing in around 70% to 80% of cases.