Keen to hear from anyone that receives a copyright infringement notice

Forums › New Zealand Broadband › Keen to hear from anyone that receives a copyright infringement notice

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#519482 11-Sep-2011 10:04

freitasm:
AviZ: all seems abit stupid if isp's lick slingshot are offering huge plans cheap, i mean what would you do with huge plans besides downloading torrents and such?

Anything you want BUT download torrents.

The ISPs don't care what you do with the "huge plans", but you should not be doing anything illegal. Don't complain later.?

?

A full season of a TV show in HD from iTunes can easily be over 20gb. Last week I bought two seasons of different shows and that's half my monthly limit.

Add in youtube +tvnz streaming + the HD movie I rented on my Apple TV and I am pushing towards my monthly cap of 80gb. Not that hard to do legally at all.

merve0o0

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#519486 11-Sep-2011 10:24

With the example of downloading windows 7 isn't it the licence you pay for so if you have a legit licence but you just lost your disk or want a up to date disk isn't that not as illegal?

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#519487 11-Sep-2011 10:26

merve0o0: With the example of downloading windows 7 isn't it the licence you pay for so if you have a legit licence but you just lost your disk or want a up to date disk isn't that not as illegal?

oxnsox

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#519493 11-Sep-2011 10:52

AviZ: .... (edit)...... besides why go after the end user, go after the people seeding this stuff.

Thats a bit like blaming Ford for making vehicles that can go faster than the speed limit, and also blaming the Govt. for making safe wide roads.
" No Mr Policeman 'I' wasn't speeding, 'the-car' was speeding. And if you don't want that to happen then you should make roads 'the-car' can't speed on."

graemeh

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#519812 12-Sep-2011 10:00

vexxxboy: after seeing my new IP6V ip address, xxxx:e000:e231:1:90e3:a74:9479:484 ., it might even be a bit harder.

It isn't any harder in IPv6. The prefix tells you the ISP and then you send the notice to the ISP to deal with. Easy.

rossmnz

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#519818 12-Sep-2011 10:10

So still no legit infringement notices handed out?

Question for you guys working within the industry:

If you receive the standard non-compliant notice and send a request for a compliant notice to the company representing the copyright holder.

If the (second and compliant) notice is not received within 21 days of the original alleged infringement, will the alleged infringement be null and void?

Or is the first notice deemed the original correspondance and further information is allowed to be received AFTER the 21 day period?

Cheers

The force is strong with this one!

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Behodar

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#519836 12-Sep-2011 10:40

From comments that I saw elsewhere, the compliant notice needs to be sent within 21 days of the alleged infringement.

Cymro

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#519937 12-Sep-2011 13:29

rossmnz: So still no legit infringement notices handed out?

Question for you guys working within the industry:

If you receive the standard non-compliant notice and send a request for a compliant notice to the company representing the copyright holder.

If the (second and compliant) notice is not received within 21 days of the original alleged infringement, will the alleged infringement be null and void?

Or is the first notice deemed the original correspondance and further information is allowed to be received AFTER the 21 day period?

Cheers

IANAL, but...

If you receive a non-compliant notice, you are not under any obligation to go back and request a compliant one, so long as you have a process and channel in place for Rights holders to find out how to send a notice that complies to your (ISP) process (which can include payment methods, format of data delivered, email addrewss that will recieve them etc.).

daaim0

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#531243 9-Oct-2011 19:44

The New Zealand law makes it really hard for copy right owners to lodge a successful notice. The copyright owner must have:
NZ address (not PO BOX)
NZ credit card
NZ lawyer
Lodged the complaint in the correct format advised by the ISP

You cannot get a notice from the same copyright owner within 28 days. So if you get a infringement notice, go all out. Download as much as you can within 28 days. Wait 3 months and download as much as you again and so on. You will be always sitting on two warnings.

Here are a few movies/tv shows that you might want to consider purchasing instead of the other popular method ;)

-Friends with Benefits
-Dexter
-Csi Miami

freitasm

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#531246 9-Oct-2011 19:51

You don't get another notice within the period, however if you do get the three notices, the rights holder can go after you for ALL and ANY downloads during the entire period since the first notice.

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#531335 10-Oct-2011 01:16

daaim0: The New Zealand law makes it really hard for copy right owners to lodge a successful notice. The copyright owner must have:
NZ address (not PO BOX)
NZ credit card
NZ lawyer
Lodged the complaint in the correct format advised by the ISP

You cannot get a notice from the same copyright owner within 28 days. So if you get a infringement notice, go all out. Download as much as you can within 28 days. Wait 3 months and download as much as you again and so on. You will be always sitting on two warnings.

Here are a few movies/tv shows that you might want to consider purchasing instead of the other popular method ;)

-Friends with Benefits
-Dexter
-Csi Miami

It should be harder still.

When you accuse someone of committing a crime, you have to have proof that will survive a court hearing and cross examination. As it is for every other law on our books. And also the rest of the civilized world.

But this law is an abomination: you are guilty upon accusation. You are guilty until proven innocent; NOT innocent until proven guilty as it should be. The onus of proving guilt should be upon the accuser.

This law, and any like it, are not YOUR friend. Any enemy of yours - or even a bored teenager - can accuse you, and YOU have to spend money in court to prove you didn't. And they can just go and do it again. Look for exactly this to be done by the likes of the Church of Scientology - who are very well known for this tactic.

This law was smuggled into Parliament under false pretenses literally at midnight, and the yanks gave National $500,000 to pass it (documents to that effect have been leaked). This alone should have prompted a Commission of Enquirery, and a judicial review. That it did not shouts corruption to me.

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#531339 10-Oct-2011 03:19

So from the looks of things no one here has yet received a notice I take it

Aren't VPN's a good thing

freitasm

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#531349 10-Oct-2011 07:59

Brendan: This law, and any like it, are not YOUR friend. Any enemy of yours - or even a bored teenager - can accuse you, and YOU have to spend money in court to prove you didn't. And they can just go and do it again. Look for exactly this to be done by the likes of the Church of Scientology - who are very well known for this tactic.

One must be the rights holder owner to send in a notification. Otherwise it will be discarded.

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tonyhughes

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#531367 10-Oct-2011 08:56

Still sitting on zero notices received here. Had more phone calls from worried customers than anything else.

Hint: Don't infringe = no problem.

Jaxar

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#531447 10-Oct-2011 11:39

tonyhughes: Still sitting on zero notices received here. Had more phone calls from worried customers than anything else.

Hint: Don't infringe = no problem.

The number of customer I have seen over the past 12 months where their data has been used up by torrents run by somebody other than my customer is around 20 to 30.

The ways this has happened is due to poorly secured wifi or their username and password for their connection being guessed.

While ISP's take steps to protect customers from these sort of things there is only they can do. Don't infringe = no problem may be a fairly safe bet for the security consious Geekzone crowd but does not cut it for a law that presumes guilt.

Please note: I have a professional bias towards Vodafone.

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