S92a in terminal decline


Telstra Clear has pulled out of the Telecommunications Carriers’ Forum and its attempts to make secion 92A of the Copyright (New Technologies) Ammendment Act workable.

Section 92A, which requires ISPs to have a policy of disconnection in place for repeat infringers of copyright online, has been the focus of protests over the last few months.

The code will not solve copyright issues, says Mirams.

“It is not our role to make bad legislation work,” he says. “The industry had no input into section 92A. [The draft code] is bad for our customers. Customers and businesses have spoken via blogs and petitions and also directly to us. We have listened and we have agreed.”

That may not have killed the controversial clause which prompted the internet blackout  but it will almost certainly lead to a terminal diagnosis because John Key said if ISPs couldn’t reach agreement the section would be suspended.

Hat Tip: goNZoFreakpower and geekzone.

Transmission resumes


An impressive number and range of blogs blacked out this morning.

The protest was noticed by media here and abroad.

But success won’t be based on numbers participating in or noticing the blackout, that will be measured by whether or not the government takes note and acts to ensure the offending guilt by association part of the Copyright Amendment Act does not come into effect.

Is This A Threat or a Joke?


Is this comment on a post I made last week yes, yes, yes, no crises, a joke, a threat or just a shameless attempt to encourage traffic to a website?

I just ran across an article you wrote on Homepaddock entitled Yes, Yes, Yes, No Crisis, https://homepaddock.wordpress.com/2008/06/11/yes-yes-yes-no-crisis/, and I would like to raise an issue that is of concern to Selling Power magazine, which is the use of our trademark.

The word “Selling Power” is sometimes erroneously used as a synonym for sales effectiveness. For example, your article states: “The other flaw is that the companies are businesses which need to make profits which they do by selling power.” We do not condone such uses of our trademark.

As a practical matter, when you describe sales effectiveness, there are a wide range of terms available such as: sales excellence, sales savvy, sales mastery, sales acumen, sales efficiency, and many more.

The reason for this letter is to educate writers like yourself that we want to protect our trademark, since we don’t want to risk Selling Power being declared by the courts a generic word. Therefore we ask you not to use Selling Power as a phrase since it is our legal trademark.

We would like to receive a written acknowledgment of this letter stating that you will in the future identify Selling Power as a trademark if you should write about our magazine, and not use Selling Power as a phrase. If we do not hear from you, we will need to take further action.

Thank you for your understanding and cooperation.

That the post was about electricity not sales seems to have escaped the writer as is the fact you can’t trademark or copyright random words and phrases in common usage.

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