Downloading music, movies and TV episodes which have not been paid for is illegal. This, we know. Yet this law is systematically broken by huge percentages of the population, because it is nearly impossible to enforce. This is especially bad in New Zealand simply because our broadcasting outlets arent given access to, and cannot afford, to buy TV episodes as soon as they are released in America.
In New Zealand, suggested amendments to the Copyright Act are intended to make punishment for movie piracy and music downloading easier to penalise. In theory. Punishments for breaching the new amendments will include fines of up to $15,000, or the 'termination of a users' account.'
Not only are these laws impossible to enforce, but if a law enforcement official were to somehow stumble upon an illegal downloading den, the enforcement of a blackout of someone's internet access is basically impossible to ensure.
The problem is, in a society where getting internet access is as easy as spending five dollars at a coffee store, how is an enforced internet blackout even feasible? It only costs $130 to buy a totally anonymous 3G capable vodafone from your friendly neighbourhood electronics store.
The National Business Review argue that illegal downloading can be morally justified, and this sentiment is apparently shared by a substantial chunk of the population.This is why civil disobedience has continued despite the cheesy FBI warnings at the start of movies, and despite attempts from parliament to outlaw these actions. People are still downloading, and many are unashamed in doing so.
So for now, dowloading is illegal. But for how long? Impossible to enforce laws have a way of being ignored (as anyone who has been to Albert Park will know), so maybe Lessig has a point. The laws will eventually change, we just have to ride it out.
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