Don't get me wrong - the law's an ass and I'd like to see it gone... but we've been asked to work on a Code so work on it we will. I'd rather see a code of practice put in place that the ISPs have had some input into than a code of practice produced by grey men in Wellington (sorry if you're grey and live in Wellington). I'm personally very happy that TelstraClear has pulled out as it emphasises how difficult this situation is. I'm equally happy that we're continuing to work on a code as it will give the govt something more positive to work with when they finally do decide what to do with s92. We have repeatedly stood up and said we think this law is unworkable and will do so again. Cheers Paul Paul Brislen External Communications Manager Vodafone New Zealand 021 721 337 -----Original Message----- From: Andy Linton [mailto:asjl(a)lpnz.org] Sent: Thursday, 12 March 2009 11:58 a.m. To: Brislen, Paul, VF-NZ Cc: NZNOG List Subject: Re: [nznog] Fwd: [kiwi foo campers] stubbornness On 12/03/2009, at 11:06 , Brislen, Paul, VF-NZ wrote:
I was going to steer clear but think I should jump in at this point.
The govt has indicated that it wants the ISPs/TCF to come up with a Code of Practice and that if it doesn't it will suspend s92.
That doesn't necessarily mean s92 will vanish - the govt has suggested that if a Code doesn't get introduced (requiring buy-in from both sides ie ISPs and rights holders) then it will have to come up with its own solution. That may be non-ideal.
As an ISP we're happier working towards a solution (even if it is lipstick on a pig) that might make the existing law work while at the same time pointing out the flaws in the legislation as it stands (and I highly recommend Judge David Harvey's paper on s92 and why it should be chucked out for anyone who's interested in such things).
I guess it's a case of better the devil you know than the devil you don't.
Plus if the govt does decide to come up with a new piece of legislation we've played ball and our input will be valued. I hope.
Paul, There's an interesting mix of pessimism and optimism in this post. We've got a bad law about to come into play and you'd rather have that than stand up and say we won't cooperate with this in case the alternative is something worse and at the same time you hope that if the government does decide to come up with something else they'll take notice of your input. They didn't last time - remember this was jointly supported by Labour and National. And you're still talking about "both sides" as though there's two parties involved - the ISPs and the recording industry lobbyists. Isn't there an issue of the rights and interests of the public at large and those who signed up with CFF? I'd ask you to think about "lipstick on a pig" - once you've snogged it a few times the lipstick will wear off and however attractive it was and it will look and smell like a pig. I don't always see eye to eye with TelstraClear's view of the world but in this case I have to say I applaud their stance. andy ----------------------------------------------------------------------------------------------- Unless otherwise stated, any views or opinions expressed are solely those of the author and do not represent those of Vodafone New Zealand Limited.