Posts Tagged ‘Justice’

Provocation defence

One of the things I don't quite like about this society, is the trend to give over and knee-jerk reactions to a high profile but a single inccident/court case etc, and media are very good at creating a storm out of pretty much nothing.

The Weatherston case is likely to be one of such cases. There is clearly a logical fallacy here, Weatherston used, or abused the availability of  provocation as a defense, doesn't necessarily mean provocation defence  is flawed - in fact, I could argue this in the exactly opposite way, it has  proved that the defense is very reasonable and not accessible to people who want to get away with what they have done - therefore Weatherston failed.

There is no doubt to me that provocation is a geniune defence, I consider myself a pretty quiet and calm person all the time, but just like everyone else, I sometimes can lose my mind too.  Current law requires jury to assess whether the evidence could prove a "reasonable man" could be provoked, I think that's pretty much about right - no person at his/her right mind yell to others "come and kill me", however, imagine if one constantly abuses both physically and verbally, overpowered you,  and protection order does not work, are you still feeling confident that you won't lose your mind?

The defence in the Weatherston case, did not only argue the provocation, but also by paint Weatherston as a person with mental problems. This could be a even stronger arguement, however, 200+ cuts clearly do not qualify as a man who  temporarily lost self control, and that did not pass the jury.

Xue's side of story

Yesterday's Chinese Herald published a long interview with Xue Nai Yin, the man convicted of killing his wife and abandoning his daughter in Melbourne.This was a high profile case and it still attracts my attention even in today, therefore it's good to see that the paper did a follow up story.

In the interview, Mr Xue, now resides in Mt Eden Prison waiting for the sentencing, still insists his innocence and  believes someone else killed his wife, Anan Liu. During the interview he described the NZ police as "stupid" and "inefficient" for the obvious reason, which I kind of agree.

There was a lengthy conversation on His life with Anan Liu.  Xue  insists that he loved Anan Liu, and thinks she is still alive and dreamt her a lot even after he was arrested.

However, one specific part caught my attention - Xue mentioned an incident where he "accidentally"  threw a cellphone at her caused her nose to bleed. Liu immediately fled and reported to the police from her neighbour's house.  Xue "hated" what she did because he thinks that was "nothing big", and she lied to the police saying Xue abused her frequently. Mr Xue says "it happens in Chinese families everyday", and New Zealand "over-protected" women's rights.

What do you think? I know what I think, now I really don't have any sympathy left for him.

The rest of the conversation included details of his life in U.S. and in the cell, check the Chinese script if you are interested. I cannot translate the whole article due to copyright restrictions.

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

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.

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.

Section 92a of the copyright act, update

While I was away there were some interesting development on this issue. First the latest response from the parliament, Simon Power, Minister of Commerce:

Yes; I respond by saying that I am mindful of the concerns that have been expressed by the public in relation to this provision coming into force. As the member will be aware, industry representatives are currently working on a code of practice to help implement this law, which was passed by the previous Labour Government.

For me, this means that the government is not going to delay the implementation or abolish 92A, but rather leave the job of fixing problems to the "Code of Practice".

I talked about that "Code of  Practice" before, I was quite happy on the draft version but that code is not in concrete yet. It is still open to public submission so to copyright holder submissions as well. This submission is now far more important than blackout your facebook page or write a letter to your local MP. I'm preparing my own submission.

I also checked responses from ISPs, here are the  extracts:

Orcon:

There will be a fee for rights holders lodging infringement notices to offset the work that we will have to undertake in order to process the alleged infringement.  There will be no additional fees or charges for customers.

I hope Orcon charges them a good price. ISPs shouldn't get abused by copyright terrorists as well. I also think ISPs should cut the internet of any copyright holder who have made 3 false accusations  - it's more than fair.

Telecom New Zealand (via twitter):

We recognise the importance of protecting individuals' copyright. However we don't believe #s92 in its current form is the best solution.

I certainly agree, I'm not endorsing piracy, but this society should not giving up its liberty and undermining its justice system to protect the profits of some.

Vodafone didn't got a lot to say, but they already finished the work on the format of infringement notice(PDF).

I'll keep you updated. I can't tell the full effect of s92a at the moment, but believe me, this thing is not going to work -for real and serious infringer, there are plenty of ways to get around this law  -  I removed the way to get around the S92A here as I realise that I'm attracting real infringers here.

section 92A, Copyright Act

I just read the news on that new section 92A of the Copyright Act.

I'm not an expert on copyright issues, but thanks to Wikipedia, anyone who regularly contributes to it should understand a fair amount of copyright laws.

Despite of being a "teen", I'm not anti-copyright, instead, I respected copyright whenever I can. I think copyright protection is very important for our society today to progress as it encourages originality and creativity. Therefore every time I want to use external materials for blog, I  make sure that I only use free materials (public domain, Creative Commons) or apply the fair use policy.

But the problem is, although I did my best and tried to respect copyright, I feel that no copyright owners, especially the big ones, respected me for being a good citizen. In fact, in my eyes copyright organisations like MPAA and RIAA  are more like "copyright terrorists" now. They abuse their powers as a copyright owner, pointlessly terrorise people so they can earn just that extra bit of income.

There's a classic case on copyright terrorists in action in UK, I cannot find the exact source at the moment but I have no problem to recall the details . A copyright group accuses workers in a vehicle workshop of infringing their copyright, because workers listened to radio stations while they work, and that, in a sense, is a "public display".

Copyright terrorists worldwide also tried to demonise legitimate tools and file shares. P2P is a classic example, as a tool, it is not illegal, it is the share of copyright materials that is illegal(not under all circumstances).

Copyright terrorists won't tell you that sometimes it is legal to download copyrighted materials. In many countries, if you own a music disc, it is actually legal to download a second copy from the internet as your back up. And there's also no problem to download a TV series if it is also available to you via your local TV stations - it's no different than recording the programme from your TV, it only becomes illegal when you distribute the materials for commercial purposes.

Back to the topic then, what section 92A is about?Here's that piece of meat（just 92A, but 92a - c are all relevant, see pdf here.)

92A Internet service provider must have policy for terminating accounts of repeat infringers

“(1) An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.

“(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do restricted act without the consent of the copyright owner.

So how do the copyright terrorists get to know who's downloading their copyrighted material? I don't expect ISPs to monitor internet traffic because that would be too costly to any ISP. Copyright terrorists will depend on themselves to find out what you are doing.

In a P2P network you need to disclose your IP address in order to get others share what they've downloaded to you, so there should be no problem for anyone to see what your IP address is downloading or uploading. However, as I said, just being a part of a P2P network doesn't necessarily mean you are bad. So will the copyright terrorists make sure your download is illegal before they send the request to cut your Internet? Yeah right.

Not to mention that quite a lot of people's computers are infected with trojans, viruses and malwares. Sometimes these nasties download stuffs without your knowledge.

The law provides a mechanism that allows copyright terrorists to cut your internet connection without the need  to prove you guilty, in fact, you have to clear yourself in order to get your internet restored - where's the principle of innocent till proven guilty?

In that sense, I regard this new section of the copyright law as a great threat to the funding principle of our justice system. Copyright terrorists will abuse this new law for sure.

As an Internet user, I think every one should start to worry about this section 92A thing and do something right now.Yes there are piracies, but most pirates are ordinary people like you and me who cannot do much harm to our society, and big film makers and Microsoft survived with them;  now what we are facing is copyright terrorists trying to abuse their power as copyright owners, they use lawyers, political powers to invade our privacy, punish us without any kind of trial.

Who is the lesser of two evils? Simple.