The question I have is whether Section 36 of the National Library Act was satisfied:
"Before the Minister notifies a requirement, the Minister must consult the publishers or representatives of the publishers likely to be affected by the proposed requirement about the terms and conditions referred to in section 31(2)(b) or (3)."
Section 31(3) being the one under which the Minister issued a requirement in the Gazette (11 May 2006).
What actions did the Minister take to consult with the publishers likely to be affected?
The Act defines:
"publisher means,-[...] (c) in relation to an internet document, the person who has control over the content of the website, or part of the website, on which the document is located"
My viewpoint would be that a requirement to download all NZ internet documents affects many publishers (even if just because their traffic bill went up); otherwise nobody here would be complaining...
Ricard
-----Original Message-----
From: Matthew Poole [mailto:matt(a)p00le.net]
Sent: Monday, 20 October 2008 4:56 p.m.
To: nznog(a)list.waikato.ac.nz
Subject: Re: [nznog] NLNZHarvester2008
* PGP Signed by an unverified key: 10/20/08 at 16:55:36
Geraint Jones wrote:
| I also question the legality of archiving a work that may be copyright
| with out seeking the owners permission.
|
Oh, that's very legal. The Copyright Act 1994 provides exemption for
copying pursuant to statutory functions, and the National Library is
statutorily required to make archives such as this. There's no grey area
here, it's all thoroughly within the law.
--
Matthew Poole
"Don't use force. Get a bigger hammer."
* Matthew Poole