Note: This column represents the opinions
of the writer and as such, is not purported as fact
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Most Aardvark readers and certainly those who regularly visit the Aardvark
Forums, will have seen the online video spoof of Telecom's "Are you coming
with us" TV ad.
Well apparently the folks at Telecom saw it too, and they didn't like it
one little bit.
So, while Theresa was issuing heart-felt assurances that the telco was no longer
a big evil ogre hell-bent on ankle-tapping the government and other ISPs
who only want a level playing-field, Telecom complained and had the spoof-ad pulled.
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However, the way this ad was pulled and the comments of Telecom spokesman John
Goulter would seem to throw doubt on the sincerity of Theresa's
promises made on the very same day.
The Herald quotes Goulter as saying "YouTube on its site has a statement
that it does not endorse breaching of copyright, so we did feel that that
ad did breach copyright".
Now is it just me or does that sound as if Telecom is spinning this to look
as if they were doing YouTube a favour by simply pointing out a breach in their
policy -- rather than actually admitting that they got snotty about the spoof
and wanted it pulled, not just because it *might* have been a breach of
YouTube's policies, but because the truth hurts.
In fact, in another part of town, Theresa was busy keeping her face as straight
as possible while proclaiming ""We are not arguing to turn back time. We
are not going to be obstructive. We are not going to mount any rearguard
actions. We are not going to fight old regulatory battles. We are not going
to hide behind legalistic arguments."
Cue Tui's billboard....
Sorry Theresa but your man Mr Goulter really made you look like a fool by
turning around and winding up the spin over the spoof ad. Nothing's changed
in the halls of Telecom. Either you're being honest and open or you're
continuing to obfuscate the facts with disingenuous spin -- which is it?
But is the spoof ad actually a breach of copyright?
Well Section 42 of part 3 of the Copyright Act 1994
makes exclusions for the purposes of "Criticism, review and news reporting" and
it would not be hard to argue that the spoof ad was indeed a harsh criticism
of Telecom :-)
If Telecom were really turning over a new leaf, they'd have embraced the spoof
ad and even put it on their own website with a little statement such as:
"We admit we could have done better to offer NZers a fair deal and apologise
for our past deficiencies and the contempt we may have held for our customers
and competitors. We now pledge to turn ourselves around and commit to playing
fair, with the goal of retaining your loyalty through nothing more than providing
the best services at the best price. The spoof ad you see here may be a comment
on our past practices but the future will be different. Are you staying with us?"
Now a simple, honest admission and commitment like this would (I believe) have
been far more convincing than Theresa's rhetoric as it was effectively shot
down by Goulter's disingenuous spin.
What do you think?
And, in my final piece of cynicism for the day, have you noticed how the benefits
of LLU have been scheduled not to kick in until 2008? Well, have I got my math
wrong or is this (coincidentally) an election year too. Serendipity perhaps?
Did you notice
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