Telstraclear claims first infringer to hit 3 strikes

Forums › ICT Policies and Regulation › Telstraclear claims first infringer to hit 3 strikes

1 | 2 | 3

sidefx

3711 posts

Uber Geek

Trusted

#612736 21-Apr-2012 09:01

expression:
Meh, I don't see why we need a test case, just fine the person who couldn't read the three emails/letters they got telling them to stop.

The letters go out the same way as your bill. Given how many people get their bills by email, I'm betting a lot of these letters will end up in junk mail.

"I was born not knowing and have had only a little time to change that here and there." | Octopus Energy | Sharesies
- Richard Feynman

Infrasound

13 posts

Geek

#612749 21-Apr-2012 10:03

sidefx:
expression:
Meh, I don't see why we need a test case, just fine the person who couldn't read the three emails/letters they got telling them to stop.

The letters go out the same way as your bill. Given how many people get their bills by email, I'm betting a lot of these letters will end up in junk mail.

And let us not forget that these "infringement" letters are considered proof of your infraction, about the same as a speed camera image, yet are generated by a private company.

Can you think of any other private company with the power to convict you of a crime by its allegation alone?

I'm not even sure if you can take the individual notices to a hearing to dispute them, perhaps only at the 3rd and final one do you have the power to request a hearing before a tribunal.

This is another reason I think a case like this should go to court, we can't just assume their evidence gathering techniques are as bulletproof as they claim, the evidence needs to be seen.

sidefx

3711 posts

Uber Geek

Trusted

#612771 21-Apr-2012 11:46

Infrasound:
I'm not even sure if you can take the individual notices to a hearing to dispute them, perhaps only at the 3rd and final one do you have the power to request a hearing before a tribunal.

You can challenge any of the notices, but yeah, guilty until proven innocent...

http://www.med.govt.nz/business/intellectual-property/pdf-docs-library/copyright/notice-process/notice-process-diagram.pdf

"I was born not knowing and have had only a little time to change that here and there." | Octopus Energy | Sharesies
- Richard Feynman

expression

236 posts

Master Geek

#613553 23-Apr-2012 10:34

Infrasound:
sidefx:
expression:
Meh, I don't see why we need a test case, just fine the person who couldn't read the three emails/letters they got telling them to stop.

The letters go out the same way as your bill. Given how many people get their bills by email, I'm betting a lot of these letters will end up in junk mail.

And let us not forget that these "infringement" letters are considered proof of your infraction, about the same as a speed camera image, yet are generated by a private company.

Can you think of any other private company with the power to convict you of a crime by its allegation alone?

I'm not even sure if you can take the individual notices to a hearing to dispute them, perhaps only at the 3rd and final one do you have the power to request a hearing before a tribunal.

This is another reason I think a case like this should go to court, we can't just assume their evidence gathering techniques are as bulletproof as they claim, the evidence needs to be seen.

Do you really think the various media companies are just going to randomly think up a NZ IP address and send out notices to that person that cost them $25 each? I find it highly unlikely, private companies are far more accountable when it comes to expenditure than public ones. Besides, if you haven't downloaded anything and you are being sent notices, you surely have nothing to fear when being put in front of a court.

Also, re the junk email, imo that excuse is along the same lines as "the dog ate my homework". Last time I checked, none of my bills had ever been put in the junk email, just the Viagra ones.

jonb

1771 posts

Uber Geek

Trusted

#613563 23-Apr-2012 11:07

surfisup1000: It will be amusing in that household when mum and dad wonder why the internet is cutoff.

http://www.stuff.co.nz/technology/6760917/Copyright-three-strikes-first-infringer

What surprised me in the article was the part about there being no infringement notices being sent out for movies or TV. You wouldn't have thought NZFact/MPAA would want to broadcasting that message to Joe Public.

TelstraClear

566 posts

Ultimate Geek

Trusted

TelstraClear

#613564 23-Apr-2012 11:09

Our Copyright FAQs have a lot of information on this Act, including the role the legislation requires of the ISP. There are also many links to other factual sources.

Cheers, Gary

NonprayingMantis

6434 posts

Uber Geek

#613595 23-Apr-2012 12:05

jonb:
surfisup1000: It will be amusing in that household when mum and dad wonder why the internet is cutoff.

http://www.stuff.co.nz/technology/6760917/Copyright-three-strikes-first-infringer

What surprised me in the article was the part about there being no infringement notices being sent out for movies or TV. You wouldn't have thought NZFact/MPAA would want to broadcasting that message to Joe Public.

yeah it's pretty sweet. It means that you basically have no chance of getting caught if you are downloading movies, tv shows, games, or pron (and only a very small chance of getting caught for downloading music)

Equinox IT

Cloud spending continues to surge globally, but most organisations haven’t made the changes necessary to maximise the value and cost-efficiency benefits of their cloud investments. Download the whitepaper From Overspend to Advantage now.

richms

28168 posts

Uber Geek

Trusted

Lifetime subscriber

#614219 24-Apr-2012 10:42

I get 10s-hundreds of gigs of music a month - just am a bit smarter about how I do it ;)

Richard rich.ms

1 | 2 | 3