Comments on: Strange goings on at the Beehive

By: Thrash Cardiom

Thrash Cardiom — Sun, 02 Nov 2008 00:37:00 +0000

Coincidently (I presume) I sent Tizard an e-mail early on October 16 asking what she would do come February 1 when people start making claims that the Labour party website has broken copyright as the lack of penalties applied to people making false claims would likely result in quite a few people making such claims.

I received a reply telling me that she was considering the issues raised and that she would reply shortly.

Nothing further as yet.

By: mark

mark — Thu, 30 Oct 2008 05:25:48 +0000

To be fair, that might be me conflating two separate events separated by about 10 days, and Tizard’s was first.

Yes, TelstraClear is referring to 92c&d, but their logic is pretty much what they’ll apply to a as well, I think.

And it’s the whole of the section 92 that Tizard is referring to, but focussing on a.

But you’re right – she doesn’t get it.

By: Michael

Michael — Thu, 30 Oct 2008 02:37:29 +0000

Good grief, even the Minister doesn’t get it — TelstraClear refer quite clearly to their “hosting a website”, which means that they’re following the procedure under 92 (c) and 92 (d); viz, they get a notice in proper form, they’re therefore considered to know about the copyright infringement on the site, and are therefore liable. What choice does TelstraClear reasonably have?

Whereas Ms Tizard is referring to 92 (a), which lays out when to disconnect users for repeat infringement; quite a different thing altogether.