A German couple are not liable for the filesharing activities of their 13-year old son because they told him unauthorized downloading and sharing of copyrighted material was illegal, and they were not aware the boy violated this prohibition, the German Federal Court of Justice ruled on Thursday.
The parents met their parental obligations supervising a normally developed 13-year-old child by teaching him that filesharing is unlawful, the Federal Court of Justice ruled. The parents were not obliged to check up on the boy, or monitor his Internet behavior.
I'm guessing that decision was made based on all kinds of precedent within the German legal system.
How would that possibly apply in New Zealand?
Is the German implementation of anti-piracy even the same?
It appears the rightsholder in Germany was attempting to prosecute the parents for the actions of their child as a person under some kind of parental responsibility doctrine.
In NZ - the industry tailormade law could not care less who actually was pirating or who their parents are. The industry law in NZ targets the party who contracted the internet connection every single time.
Yes indeed, aside from the whole sillyness of the enforcement regime, there is something quite wrong about it holding any person responsible for acts they did not commit and could not have known were being committed. It is draconian and the kind of thing you would expect from a sci-fi dystopia.