Copyright Law

Kiwi Minister Suggests ISP tax for P2P

By soulxtc

Licensing fee on Internet connections would be distributed amongst copyright holders, focused on New Zealand copyright content first.

Clare Curran, New Zealand’s Shadow Minister for Information and Communications Technology, has suggested the country consider a licensing fee on Internet connections to break the current impasse between ISPs, copyright holders, and the public on how to solve the problem of illegal file-sharing.

“It?s time to float a few ‘go forward’ ideas on protecting copyright in the digital age,” she writes in a blog post.

Curran says the real trick is to satisfy the concerns of all the parties involved.

ISPs are afraid to lose customers and don’t want to get in the business of enforcing copyright laws.

Copyright holders claim they’re losing revenue and are demanding a “three-strikes” regimen to punish illegal file-sharers by disconnecting them from the Internet.

The public is concerned that copyright holders will act as judge and executioner, and that more importantly, it will mean that people can lose access to a vital tool necessary for full participation in a democratic state.

Curran says the real challenge is to “protect the rights and incomes of those who create content rather than trying to just contain access or punish those who illegally access that content.”

She says in this regard the latest revision to section 92a of the Copyright Act is “short sighted” and fails to “take account of the wider issues.”

For even the new proposal still contains language that would authorize the termination of Internet connections of those accused of illegal file-sharing.

Curran thus proposes four ideas to tackle the problem.

She writes:

1. Education about copyright is very important. Government has an important role to play and copyright education should become a part of the school curriculum and be integrated right through our education system. A public education campaign is also needed for people to understand that protecting the rights of people who create content is important.
2. We should enable people to access the information/material they seek. And consider introducing a licensing fee attached to internet service provider (ISP) connections. This fee would then be collected and distributed by an external agency amongst copyright holders.  In order to work, it would need the buy in of all ISPs and rights holders. It would likely be focused on New Zealand copyright content first.
3. Establishment of an independent rights agency to distribute fees and rule on disputes.  We still need an enforcement regime and a rights agency could also have the power to investigate and adjudicate on copyright disputes and alleged infringements aka the Section 92A model. However, I am of the view that internet disconnection is not a viable option. It simply won?t work and will drive hard core copyright infringers more underground. Financial penalties are more likely to work.
4. A commitment to protect NZ content first. It?s our heritage, and the people who create NZ content must be able to make a living from their work and have that work valued.

All in all I think Curran has some excellent ideas. The problem of illegal file-sharing will never go away and so any rational solution must embrace that reality.

Disconnecting users will only mean that file-sharers will devise technology to circumvent any detection methods employed by copyright holders, and so a licensing fee will make it unnecessary.

A few bucks a month is certainly worth the peace of mind.

Now lets just hope people listen to her.

Stay tuned.

jared@zeropaid.com

Full post as published by ZeroPaid on July 22, 2009 (boomark / email).