Elroy Liddington
[ Last Updated 2 November 2005 ]
Date Received: 2002-12-16
Original version: Digital Copyright: Position Paper Submissions: No. 01: Elroy Liddington [78 kB PDF]
Hi.
In regard to the above document, I have a few concerns, which are as follows.
Firstly, I have had a quick search of our governments web site, but cannot locate any specific information in regard to the classification of Goods and Services, and under which category different articles fall into. Any pointers/links to further information regarding this is appreciated.
To my knowledge, in NZ, we only have two categories for goods and services... Goods and Services.
I consider Audio CD's (e.g. music CD's) to be classed as a Service, because apart from the medium it is on, it is not viewable with the naked eye.
In this aspect, I find the "E. Format Shifting (i) Issue Summary 188" to be unfair to the general public, because if it is enacted, then I am officially labelled a criminal, because I have CD's that I have converted into other formats e.g. MP3's, etc. for use on my PC... I have legally purchased the copyrighted material (and the copyright holder has been paid for their services), and therefore believe I have the right to use it for my personal use wherever and in whatever format I deem to be acceptable.
I do not, however, condone the use of distributing the material in differing formats that I have made for my personal use, to 3rd parties, as clearly this IS a breach of 'fair use'. I believe that this comes under the 'fair use' ideal, which does not seem to have a provision made for it in the current legislation.
Also, to back up this 'fair use' idea, if you consider that each music CD normally contains an accompanying list of the songs, and the lyrics to each song, which are copyrighted... how is this different from the music on the CD (of course, the paper list usually does not contain the music score)? Both are on a 'medium', one is a Compact Disk, the other is paper... why am I not permitted to make a personal copy of both for personal use?
In another line, I also believe that computer software, unless supplied with the source code, and accompanied with the full right to alter, recompile, etc. the source, should come under the title of 'Services', as it is just the supply of data that is licensed to an entity (most software packages only give entities the right to use that software, they do not 'own' it as such...) hence I regard it as being a service...
And also in regard to DVD-based movies (yet another form I consider to be a 'Service'...), I do not wish to be labelled a criminal for creating/possessing/using software that can unencrypt/decrypt the movie/software/data/copy-protection to be used on Operating Systems that there is not currently a method of legally acquiring/using for doing so, or that requires payment for obtaining the decryption program.
Regards,
Elroy Liddington,
Hamilton,
NZ.
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