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BDFL - Memuneh
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Topic # 87683 4-Aug-2011 09:52
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Just received:


InternetNZ (Internet New Zealand Inc) has launched a new website 3strikes.net.nz to help people and organisations get ready for the new copyright law. While the Copyright (Infringing File Sharing) Amendment Act 2011 comes into force on 1 September 2011, copyright infringements start counting towards the new notices and penalty regime under it from 11 August 2011.

InternetNZ Chief Executive Vikram Kumar says, “With just one week to go, the time for people and organisations to get ready for the new law is now. We’ve set up a new website 3strikes.net.nz to provide information about the law changes as well as practical ways to get ready for 11 August.“

“The website and associated social media (primarily Twitter and Facebook) are clearly pro-consumer. This will, hopefully, be a way to balance some of the enormous resources of organisations representing the big and powerful copyright owners.

“People and organisations should get both sides of the story. They also need to take some important yet simple steps before 11 August which can significantly reduce their risks from the new law. The biggest issue at the moment is a lack of accurate information and, in some cases, complacency. As we get closer to 1 September, the day the law comes into force, we will put up more information and advice about notices and the Copyright Tribunal.

“We don’t like the new law, and will continue to advocate for change, but it is the law. InternetNZ therefore doesn’t want the website to help or encourage others to break the law. Our focus is on giving information; helping people and organisations protect themselves; and giving friendly advice.

“We urge people to visit 3strikes.net.nz and our Facebook page www.facebook.com/3strikesNZ for help and advice. Also, follow us on Twitter @3strikesNZ and the discussion using the hashtag #3strikesNZ. A vibrant discussion on both Twitter and Facebook has already started.

“We need to get the messages out to everyone in New Zealand, especially young Kiwis. Schools, universities, libraries, and free wifi providers face big risks and really must act before 11 August to address them. We hope they will help spread the word.

“In addition, parents are important as they are usually the account holder and so liable (which could be a penalty of up to $15,000) for what happens on their Internet connection at home. We strongly recommend that parents have a discussion with their kids about their use peer-to-peer software and online file sharing in the next week."

InternetNZ is also working with its strategic partner NetSafe to set up a second website, thecopyrightlaw.org.nz. This site will provide a pure information resource that organisations may be more comfortable linking to regardless of their views of the law. Further information will be advised once thecopyrightlaw.org.nz is ready for launch soon.





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  Reply # 501788 4-Aug-2011 10:01
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one thing i couldnt find on the site, how close together can each strike be?

ie if someone downloads 3 tv episodes on the same day, will they get 3 strikes and get a fine/
what if someone downloads a torrent with multiple episodes (say a season or entire series) will they get a strike for each episode?

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  Reply # 501828 4-Aug-2011 11:13
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I remember reading (can't remember where, sorry) that there is no minimum period between notifications. Is that correct?

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  Reply # 501846 4-Aug-2011 11:44
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Well done to who ever set this web site up. It clarified a number of things I wasn't sure about.



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  Reply # 501874 4-Aug-2011 12:51
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I see these people are on Twitter and Facebook. They should go to Goggle+ as that seem to be where the geeky people hang out..




Regards,

Old3eyes


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  Reply # 501895 4-Aug-2011 13:19
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reven: one thing i couldnt find on the site, how close together can each strike be?

ie if someone downloads 3 tv episodes on the same day, will they get 3 strikes and get a fine/
what if someone downloads a torrent with multiple episodes (say a season or entire series) will they get a strike for each episode?


+1 this needs to be cleared up/commented on.
Technically I guess it is 3 separate offences right there and then, you just happen to be offending multiple times at the same time.

Also how soon are you going to be notified.  Obviously not too easy to tell, but are offending people going to get a letter very quickly or 6 months down the line etc.

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  Reply # 501896 4-Aug-2011 13:21
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It is weird that it doesn't apply to mobile networks, as the main difference between the two is one is wired and the other is wireless.

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  Reply # 501901 4-Aug-2011 13:31
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jonb: I remember reading (can't remember where, sorry) that there is no minimum period between notifications. Is that correct?


No it is not correct.

The "rights owner" has 21 days to notify the IPAP (your ISP).  The ISP has 7 days to issue a notice to you (technically you are called the "account holder").

If the IPAP receives another notification for you from the same rights owner and it is within 28 days of the date of the notice you have been issued then that notification is just filed away.

After 28 days another notification from the same rights owner will trigger the next level of notice.

The first two types of notice expire after 9 months so if you've got to strike 2 then 9 months later they are forgotten.

Strike 3 notices (called Enforcement Notices) expire after 35 days.  This will also expire the two previous notices. 

The enforcement notice is the one which allows the rights owner to take you to the copyright tribunal and get money out of you.

So you you can't download 3 files in a day and use up your 3 strikes.

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  Reply # 501903 4-Aug-2011 13:33
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mattwnz: It is weird that it doesn't apply to mobile networks, as the main difference between the two is one is wired and the other is wireless.


It does apply to cellular mobile networks but not until 30/9/2013. 


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  Reply # 501907 4-Aug-2011 13:50
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mattwnz: It is weird that it doesn't apply to mobile networks, as the main difference between the two is one is wired and the other is wireless.

The main difference is that wired  connections have a clearly identifiable account holder, a sim card for mobile access can be purchased anonymously at a supermarket.

I wonder if woosh wireless skates through under that clause though - it is a wireless connection however it is sold on an on account basis

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  Reply # 501911 4-Aug-2011 13:56
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nickb800:
mattwnz: It is weird that it doesn't apply to mobile networks, as the main difference between the two is one is wired and the other is wireless.

The main difference is that wired? connections have a clearly identifiable account holder, a sim card for mobile access can be purchased anonymously at a supermarket.

I wonder if woosh wireless skates through under that clause though - it is a wireless connection however it is sold on an on account basis


I thought that they were now requiring sims to be purchased under a name like they do overseas, but I guess not. I guess that will be the next step, and exisiting sim owners would have to supply those details to the service provider.

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  Reply # 501919 4-Aug-2011 14:10
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graemeh:
jonb: I remember reading (can't remember where, sorry) that there is no minimum period between notifications. Is that correct?


No it is not correct.

The "rights owner" has 21 days to notify the IPAP (your ISP).  The ISP has 7 days to issue a notice to you (technically you are called the "account holder").

If the IPAP receives another notification for you from the same rights owner and it is within 28 days of the date of the notice you have been issued then that notification is just filed away.

After 28 days another notification from the same rights owner will trigger the next level of notice.

The first two types of notice expire after 9 months so if you've got to strike 2 then 9 months later they are forgotten.

Strike 3 notices (called Enforcement Notices) expire after 35 days.  This will also expire the two previous notices. 

The enforcement notice is the one which allows the rights owner to take you to the copyright tribunal and get money out of you.

So you you can't download 3 files in a day and use up your 3 strikes.


thanks for explaining that, has cleared things up. 



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  Reply # 501961 4-Aug-2011 15:53
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reven: thanks for explaining that, has cleared things up. 


You're welcome.  I'm buried in this stuff at work at the moment so I hope I didn't ramble on.



Also to the person who asked, I doubt Woosh Wireless is intended to be covered by the exemption for "cellular mobile networks" although I'm sure they could find a lawyer to make that argument if they wanted to and since the term "cellular mobile network" is not defined (as far I as I can see) they may well win if their technology works in a similar way.

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  Reply # 501983 4-Aug-2011 16:16
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mattwnz: It is weird that it doesn't apply to mobile networks, as the main difference between the two is one is wired and the other is wireless.


Mobile BB cost way more that the DVD/CD/Blu-ray would cost to buy in the shop..




Regards,

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