Notification of claimed infringement made under Copyright Act.

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Master Geek

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#495387 19-Jul-2011 18:44

I'm not going to be doing too much more torrenting (i've decided to move from fixed line broadband and go fully mobile), but if I WAS going to would my telco (2degrees) in this case be able to send me a warning (on prepaid, but they have my contact details).

BlakJak

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#495395 19-Jul-2011 19:05

mp1: I'm not going to be doing too much more torrenting (i've decided to move from fixed line broadband and go fully mobile), but if I WAS going to would my telco (2degrees) in this case be able to send me a warning (on prepaid, but they have my contact details).

All ISPs, whether landline or mobile, will resolve your IP address to your account details.
In the case of the cellular networks it'll tie to your mobile # and the details they hold thereof.
For landlines based services it's your login ID and password.

The only anonymity you have is if you don't register your name, etc, with a cellular provider and get a 'burn phone'. But they'll know what cell tower you're on at the very least.

No signature to see here, move along...

hairy1

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#495396 19-Jul-2011 19:08

Mobile is not covered yet but it will be later. I think it was 2013 but don't quote me

My views (except when I am looking out their windows) are not those of my employer.

DylanReeve

67 posts

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#495421 19-Jul-2011 19:57

I can't see anything in the legislation that suggests mobile IP connections wouldn't also be covered.

justjay

93 posts

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#495425 19-Jul-2011 20:03

Mobile providers are covered, but with mobile broadband charges you'd be better off buying the stuff anyway... Or if you can't pay for a return flight to pick it up legit :D

Talkiet

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#495473 19-Jul-2011 22:08

Mobile connections are specifically out of scope at this stage.

Cheers - N

Please note all comments are from my own brain and don't necessarily represent the position or opinions of my employer, previous employers, colleagues, friends or pets.

DylanReeve

67 posts

Master Geek

#495491 19-Jul-2011 22:29

Where are they put out of scope? Because I can't see anything in the language of the Act that would exclude them...

“IPAP, or Internet protocol address provider, means a person that operates a business that, other than as an incidental feature of its main business activities,—

“(a) offers the transmission, routing, and providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing; and

“(b) allocates IP addresses to its account holders; and

“(c) charges its account holders for its services; and

“(d) is not primarily operated to cater for transient users

Those all seem to apply to mobile operators.

Sharesies

Trade NZ and US shares and funds with Sharesies (affiliate link).

Talkiet

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#495501 19-Jul-2011 22:57

DylanReeve: Where are they put out of scope? Because I can't see anything in the language of the Act that would exclude them...

“IPAP, or Internet protocol address provider, means a person that operates a business that, other than as an incidental feature of its main business activities,—
“(a) offers the transmission, routing, and providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing; and
“(b) allocates IP addresses to its account holders; and
“(c) charges its account holders for its services; and
“(d) is not primarily operated to cater for transient users

Those all seem to apply to mobile operators.

Section 122S of the Copyright (Infringing File Sharing) Amendment Act 2011 No 11, Public Act specifically excludes operators from needing to comply with obligations under the act in the case of Mobile Cellular Networks.

Cheers - N

Please note all comments are from my own brain and don't necessarily represent the position or opinions of my employer, previous employers, colleagues, friends or pets.

mp1

142 posts

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#495506 19-Jul-2011 23:16

Talkiet:

Section 122S of the Copyright (Infringing File Sharing) Amendment Act 2011 No 11, Public Act specifically excludes operators from needing to comply with obligations under the act in the case of Mobile Cellular Networks.

Cheers - N

I would have thought it near impossible to police the infringments if one used a mobile connection to download similar torrents to which i did - in the prepay market at least. I cant imagine too many teleco's trying to hunt someone down who hasnt provided a name, address, date of birth etc etc.

sti2envy

6 posts

Wannabe Geek

#495507 19-Jul-2011 23:22

Simple solution. Just pay for a VPN and encrypt all your data traffic and save you from any hassle from getting any infringement. I think our ISPs will be happy not to deal with any infringement and get to keep their customers. PM me if you need help finding one

DylanReeve

67 posts

Master Geek

#495513 19-Jul-2011 23:48

Ahh, hadn't noticed 122S, so "cellular mobile network" connections excluded until end of September 2013... Probably makes sense, because of one thing I seem to recall that many cellular internet connections are actually through NAT anyway.

However I guess this give Woosh wireless broadband an advantage (finally) - 20GB of legally exempted torrenting for $65/mth... :)

richms

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#495709 20-Jul-2011 12:53

DylanReeve: Where are they put out of scope? Because I can't see anything in the language of the Act that would exclude them...

“IPAP, or Internet protocol address provider, means a person that operates a business that, other than as an incidental feature of its main business activities,—
“(a) offers the transmission, routing, and providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing; and
“(b) allocates IP addresses to its account holders; and
“(c) charges its account holders for its services; and
“(d) is not primarily operated to cater for transient users

Those all seem to apply to mobile operators.

I would say that D allows for prepay users to be outside the scope of it as they are transient IMO. No fixed details or term, can stop using it at any time.

Could you get around the option of B by just letting customers pick their own IP from a list of available ones? that way you are not assigning them, the customer is choosing?

Richard rich.ms

tdgeek

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#495715 20-Jul-2011 13:04

And prepay users are not traceable, there is no account holder with a street address to send a bill to or to send a notice to

webwat

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#495893 20-Jul-2011 19:25

Watch out that your wireless is properly secured. Some people might start hacking into WPA security just to get free movie downloads. Good luck trying to claim that it wasn't you doing the download after the new law takes effect.

Time to find a new industry!

richms

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#495899 20-Jul-2011 19:29

So you would be better off setting up a hotspot under the list of exceptions so that you dont have to track all those other people using your hotspot wouldnt you?

Richard rich.ms

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