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Lias

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#23536 2-Jul-2008 09:24
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I havnt seen anything around the NZ net about these, I figure I might just be the first in the country.. Yay me :-P  Section 53 (92B) of the Copyright (New Technologies) Amendment Act gives the ISP's alot of leeway in what number of offences defines a repeat infringer, but WxC have apparently decided that infringing twice is sufficent for termination. I find it highly ironic that WxC launch the new torrent plans at the same time they start strictly enforcing the new copyright law. Shame on you WxC, shame on you!

From: WorldxChange Communications [mailto:help@xnet.co.nz]
To: XXX@xnet.co.nz
Subject: Copyright Infringement Notification

Dear Customer,

We have received notice regarding your IP address (at the time) actively downloading the following copyright material. This activity is against our terms of service which you agreed upon when joining Xnet (Acceptable Use Policy http://www.xnet.co.nz/content/terms.shtml).  If you have received this email without speaking to a customer service representative, then please call us on 0800 14 9638 to expedite the notification process.

What Is A Copyright Infringement Notice?

The movie, game & music industries have empowered a number of organisations to investigate and prosecute breaches of copyright occurring on the Internet. A copyright infringement is notice of a copyright breach which is usually sent to the offending users Internet service provider. You put yourself at risk of receiving a copyright infringement by using third party sharing programs and downloading copyright content from the Internet.

What happens if I receive a Copyright Infringement?

You will be warned and provided with a copy of the infringement in question.
We will attempt to contact you within a 24 hour period to notify you of the Infringement. If we are unable to speak with you your internet service will be temporarily suspended until we are able to do so. The option is available to contact the copyright organisation and dispute said infringement. If copies of correspondence can be shown to clear the matter the infringement will not be taken into account.

What happens if I receive a second Copyright Infringement?

We will attempt to contact you within a 24 hour period to notify you of the second Infringement. If we are unable to speak with you your internet service will be suspended until we are able to do so. The Internet service will be closed & notice of the second infringement will be given. The option is available to contact the copyright organisation and dispute said infringement. If copies of correspondence can be shown to clear the matter the account can be re-instated.

Overview

Copyright breaches are illegal and dealt with in a serious manner. We do not wish to lose a customer however repeated Copyright Infringements leave us with no choice. If you receive two infringements (un-disputed) your Internet service will be closed and you will need to find another provider.

Best regards,
WorldxChange Communications
Ph : 0800 14 XNET (0800 14 9638)

-- Infringement Follows --
Case:
    ID: 44869656
    Status: Open
Complainant:
    Entity: Entertainment Software Association
    Contact: Anti-Piracy Enforcement, Intellectual Property Enforcement Manager
    Address: 575 7th Street, NW Suite 300, Washington, D. C. 20004 United States of America
    Phone: 1(202) 223-2400,1(202) 223-2401
    Email: esa@copyright-compliance.com
Service_Provider:
    Entity: WorldxChange Communications
    Address:
    Email: abuse@wxnz.net
Source:
    TimeStamp: 2008-06-26T16:31:59.000Z
    IP_Address: XX.XX.XX.XX
    Port:
    DNS_Name: XX.XX.XX.XX.xdsl.xnet.co.nz
    Type: eDonkey
    UserName: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
    Number_Files: 1
    Deja_Vu: No
Content:
    Item:
        Title: XXXXXXXXXX
        FileName:
XXXXXXXXXXXX
        FileSize: XXXXXXXX
        URL:
XXXXXXXXXX






I'm a geek, a gamer, a dad, a Quic user, and an IT Professional. I have a full rack home lab, size 15 feet, an epic beard and Asperger's. I'm a bit of a Cypherpunk, who believes information wants to be free and the Net interprets censorship as damage and routes around it. If you use my Quic signup you can also use the code R570394EKGIZ8 for free setup. Opinions are my own and not the views of my employer.


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freitasm
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  #142131 2-Jul-2008 09:28
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This was discussed many times here on Geekzone, so I am sorry to say you are not the first one.

It is our policy to lock all discussions on copyright infringement. There is a very simple reason for that: from previous experience people have been downloading copyrighted material so there's no reason to discuss something that is clearly against the TOS.





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freitasm
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#142133 2-Jul-2008 09:31
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Our policy: http://www.geekzone.co.nz/forums.asp?ForumId=49&TopicId=14781

Previous discussions:

http://www.geekzone.co.nz/forums.asp?ForumId=49&TopicId=14547

http://www.geekzone.co.nz/forums.asp?ForumId=65&TopicId=22092

This is the only discussion currently open on this topic: http://www.geekzone.co.nz/forums.asp?forumid=65&topicid=22694 

Note this open discussion is about the merits or implications of the law and actions from ISPs, not for individual case discussions.





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