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Topic # 54258 16-Dec-2009 15:21 Send private message

Govt favours three-notice procedure for s92A

The Government favours a three-notice procedure to deal with illegal copying of material over computer networks, Commerce Minister Simon Power said today.

Mr Power announced the release of a Cabinet Paper that outlines the basis of new legislation, which will be introduced to Parliament early next year. This follows a review of section 92A of the Copyright Act 1994.

The main points of the proposal are:

Right holders will be able to request that internet service providers (ISPs) give alleged infringers notice to stop infringing activity.

The first notice will inform the account holder that infringing has occurred and is illegal. Two further notices may be sent.

If infringing continues after three notices, the right holder may seek a penalty of up to $15,000 at the Copyright Tribunal. The amount will be based on the damage to the copyright owner.

Where serious and continued breaches occur, right holders will be able to go to court to seek a range of remedies, including the suspension of accounts for up to six months.

Account holders will be able to issue counter notices, and can request a hearing if they feel they should not be penalised.

Mr Power said the three-notice procedure was the key to the process.

"The procedure will both educate and warn file-sharers that unauthorised sharing of copyright works is illegal, and in turn stop a large proportion of illegal file sharing.

"A great deal of work has gone into finding a fair, effective, and credible process for the enforcement of copyright against illegal peer-to-peer file-sharers.

Mr Power said though right holders will be able to seek suspension of accounts through the courts, he expected that would happen only in cases of serious offending.

"I want to stress that account holders will have the opportunity during each of these processes to defend claims by right holders."

"This was a complex issue to work through, and industry groups, intellectual property experts, and officials worked hard to ensure the issues raised in the submissions were addressed.

"I'm confident we now have a workable solution."

The public will be able to make further submissions at the select committee stage.

A copy of the Cabinet Paper is available at http://www.med.govt.nz/s92a-cabinet-paper-p2p

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253 posts

Ultimate Geek


  Reply # 283137 16-Dec-2009 16:51 Send private message

$15k isn't bad really considering what Hoyts charge now.

74 posts

Master Geek


  Reply # 283138 16-Dec-2009 16:54 Send private message

Sounds pretty fair to me!

511 posts

Ultimate Geek
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Trusted
Kiwi Dev Studios

  Reply # 283148 16-Dec-2009 17:13 Send private message

3 Warnings then up to 15K fine.. sounds fair enough now! Innocent until proven guilty! :)




--
Stephen
twitter/ NZCoderGuy / KiwiDevStudios

Kiwi Dev Studios


1084 posts

Uber Geek
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Subscriber

  Reply # 283163 16-Dec-2009 17:53 Send private message

Time to start beating the war drums again.

Any policy which allows disconnections is unacceptable.

536 posts

Ultimate Geek


  Reply # 283173 16-Dec-2009 18:32

VPN tiem methinks.

BDFL
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Reply # 283174 16-Dec-2009 18:32 Send private message





114 posts

Master Geek
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  Reply # 283185 16-Dec-2009 19:13 Send private message

maknz: VPN tiem methinks.



Yep VPN and Seedboxes will do well out of NZ downloaders.

3786 posts

Uber Geek
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Subscriber

  Reply # 283195 16-Dec-2009 19:31 Send private message

What does the current system involve?

435 posts

Ultimate Geek
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  Reply # 283253 16-Dec-2009 21:55 Send private message

I think the interesting thing is the wording here "...The amount will depend on the damage to the copyright holder." Well, if the only thing that I do is not go and buy the album then the damage to the copyright holder is the cost of the album and the reasonable costs in taking the action.

147 posts

Master Geek
Inactive user


  Reply # 283254 16-Dec-2009 21:57 Send private message

what happens if a family of 4 live in the same house and use the same internet connection which will mean they will have the same ip address. how do you find out which one did it?

268 posts

Ultimate Geek


  Reply # 283255 16-Dec-2009 22:02 Send private message

Lias: Time to start beating the war drums again.

Any policy which allows disconnections is unacceptable.


You have to go to court and hence be proven guilty before this happens.  This is miles better than the last law.  I don't see the problem, you're not going to get a law that lets you infringe copyright without consequences.  Sorry.


502 posts

Ultimate Geek
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  Reply # 283274 16-Dec-2009 22:54 Send private message

It is a huge jump forward from the last effort.

However i would like to see the following amendments:

1. No disconnection. Internet access is a fundamental human right.
2. Must be proven beyond doubt who is downloading something. If the account holder is found not to be at fault ie someone downloading on their internet account then no fine/strike. This will stop kids getting their folks in trouble a 'la the USA.
3. Fees for copyright holders to submit claims, and fees if they are accusing someone incorrectly. Otherwise the user will pay the extra access charges.


9 months after the first notice your record is clean and you need 3 strikes again to have to pay a fine or get cut off? Thats how i read this first draft.

I would expect, like speed point demerits these "strikes" would drop off.

is there to be cross referencing of people across ISPs? For example customer X gets 3 strikes from Xtra and voluntarily stops his connection. What is to stop him getting an Orcon connection and going on a download spree again?

Its sure gonna be interesting!





The force is strong with this one!

514 posts

Ultimate Geek
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  Reply # 283288 16-Dec-2009 23:44 Send private message

It's definitely a step in the right direction, but there needs to be some sort of penalty for an accusation that turns out to be false.

954 posts

Ultimate Geek
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  Reply # 283291 17-Dec-2009 00:11 Send private message

meesham: It's definitely a step in the right direction, but there needs to be some sort of penalty for an accusation that turns out to be false.

To the tune of 15% of the accuser's annual revenue.




rm *

35 posts

Geek


  Reply # 283296 17-Dec-2009 04:08 Send private message

It will prove interesting if a clever person is the first taken to the tribunal if this becomes law, depending on what service they are accused of downloading on.
For example bittorrent will require a large portion to be downloaded from the accused, IP alone will be ripped apart by anyone who knows anything about trackers (fake IPs from trackers or inserted by 3rd party is common).

I definitely agree with fines for false or baseless accusation/insufficient evidence, as I have received a couple of them myself and had the notices removed from my account which would be easy to look up in ISP logs.

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