Even more nanny state stuffs

March 7, 2009 – 3:24 pm

Parents should be prosecuted for allowing their children to play age-restricted video games, the chief censor says.

Current laws allow punishments of up to three months jail or a $10,000 fine for those caught supplying R-18 games to children. While there have been no prosecutions so far, chief censor Bill Hastings told the Dominion Post the laws should be enforced to help prevent the effects of repeat exposure to violence and sexual violence on young people. (via New Zealand Herald)

Well the first thing I started to wonder is how they are going to enforce that law. Sure that lousy TV3 programme called Target can hire under aged actors to buy restricted games, but unlike illegal selling of tobacco, distribution of games, especially compute games, does not work that way. Today's kids are pretty clever, much cleverer than what we use to. 10 years ago no parental control software can lock me away from computer, today, I recently heard a story from China,  a 14 year old kid is now spying on their parents' activities on computer.

That's a very unique case but most young people do know how to download pirated stuffs online - parents will also be responsible for this if S92A came to force last month (luckily it hasn't) as the Internet access is under the name of a parent. If this happens, I mean, is this really a fault of parents? They tried their best, education, use parental control software, lock out the computer ... but parents aren't nannies, even a nanny cannot watch with children 24/7.

There's a difference of wording, "allowing" or "supplying". Supply is a process that you handed out something that you know it is illegal, allowing can mean you simply don't know. Sure if a parent buys a clearly labelled r-18 games for their children then it is a offence, but if you simply don't know, and don't have access to information on what your children is playing?


Copyright Act Section 92A - what copyright terrorists really want?

February 25, 2009 – 4:56 pm

My friend just forwarded me a link from Computerworld, a leaked letter from RIANZ, showing the points they disagree with the TCF code of Practice, currently at a draft stage.

Yes, they are copyright terrorists,  I have no doubt about that, let's  just see what they want:

RIANZ instead wants users to be required to provide sufficient evidence as to why they believe the alleged infringement didn’t occur via the internet account in question and/or why there is no copyright infringement of the file being downloaded.

Who's accusing who? Why should users prove they are innocent when they are accused by others?

RIANZ opposes having to pay for processing copyright infringement notices and indemnifying ISPs for any costs and liabilities.

So it's not all right when others download musics for free, but it's all right to have others to work for you for free?

Third, RIANZ does not want the notices sent out to users accused of infringement to include evidence that would be admissible in court.

You know this is simply amazing. This is not just guilt upon accusation, it's guilt upon accusation with absolutely with no evidence to back it up. Even the murders have a chance to see the evidence used to against them, but Internet users don't get this right.

Furthermore, RIANZ says its evidence is “highly reliable, well-tested and accepted worldwide”.

This is not the point. The point is, download activities don't mean that download is an infringement of copyright, in many cases, it's legal to download materials, like using downloaded materials as a backup of a disc I already own.

Yes they are right holders, and I do respect their copyright, but if they just want to keep abusing people like this, I'll have no sympathy for them at all.


Today's final blackout protest - and we won, for now.

February 23, 2009 – 12:41 pm
protest against s92a, how sites looked like this morning(click for full image, coypright:cc-by Creative Foundation).

protest against s92a, how sites looked like this morning(click for full image, coypright:cc-by Creative Freedom Foundation).

UPDATE: It worked. About 4pm today the government has announced that it will delay the implementation of s92a til end of march. If there's still no agreement at that time then the act will be suspended.

Today many New Zealand sites, mostly blogs, but also some well known NZ sites like throng and scoop, have voluntarily blacked out their sites, cut access to all content on their sites to protest the to be effective Section 92A of the copyright act.

This kind of Internet protest is quite rare in NZ, especially when you consider the fact that political blogs from across the political specturm, from Act supporter to Green supporter have all joined this protest. Those people usually disagree with each other on everything, but in this instance, they had come together. It just shows you how deeply unpopular this S92A thing is among the people who really understand the Internet.

And no, those people are not youngsters who are just protesting because they will soon unable to illegally download pirated materials.  I think it's bit sad that in some people's mind Internet is merely a place for email and news. Internet in my opinion, it is fast becoming another life necessity, part of people's basic right. It's like road, we, including criminals, all have the right to use public road, but you don't expect Ministry of Transport to police road users to see who's using the road network for illegal activities?

And National cannot get away with this. Yes it was passed under the previous government back in 2008, however, both Labour and National supported this law, and I quote from parliamentary record, Christopher Finlayson(National):

The Minister [Judith Tizard] knows, and I certainly know, that we have all had approaches from various commercial entities ...

I didn't  fake anything nor took it out of context, this is not kidding. See what our politicians have become.

Well, one week to go, try to enjoy the freedom while it lasts.


More on section 92A of the Copyright Act

February 8, 2009 – 2:06 pm

As you noticed, the original Act lacks details on how ISP should react in relation to copyright holder complains. Telecommunications Carriers' Forum recently published a draft Code of practice and is open for public submission.

I kind of like this code. In summary:

  • Four strikes out, final warning after three strikes;
  • No matter how many times you infringed copyright, only one time is counted for a month;
  • The strike expires 18 months after it was first issued;
  • ISP serves you a "education notice" (one strike) when copyright holders made a complain.
  • If you dispute,  the notice is revoked, and the copyright holder won't get your personal details ( you don't have the right to dispute after three strikes).
  • If you don't dispute, that counts as one strike.
  • Four strikes, and you are out.

If this is the way the ISPs will act after section 92A comes in force, then I'm pretty happy.This code of practice reminds me of another important Internet copyright Act - DMCA. They are pretty similar as the duty of identifying whether someone infringed copyright ultimately falls to the justice system, and ISP, as a neutral party, only act upon notices.

If you dispute the "education notice", the only way left for copyright holders is to sue you in court, which is quite unlikely in my opinion, unless you've downloaded too many stuffs justifying their cost and benefit analysis.

TCF definitly made a good call.


New theme

February 7, 2009 – 10:05 pm

Nothing much to say really, I'm very resistant to change, so everytime when I adapt a new theme, the appearance would still look similar to previous versions - not this time though, I added another column.

I also added an interesting widget:


I always say, as a language, Chinese does more than just a tool for conversations, it is also the carrier of Chinese traditions,  philosophy, and ideas - that's why the culture lasted thousands of years, as long as the language is still present, we all remember that you cannot spell crisis(危机) without opportunity(机) in Chinese.


Google: It's a dangerous world out there

February 1, 2009 – 12:40 pm
Google malware glitches

a dangerous world(click for full image)

I was searching stuffs for my essay this morning, and suddenly this happened. In fact, every single result was flagged by Google as a site with "malwares". The glitches lasted for about half an hour.

Google fixed and explained what was hapened quite fast. According their blog, when they were updating the blacklist, the value " / " was accidentally checked as an identifier for sites with malwares, and of course, every URL got that slash.