3 strike law, who has had a notice sent?

Forums › ICT Policies and Regulation › 3 strike law, who has had a notice sent?

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#1927170 30-Dec-2017 22:18

Jaxson: What’s the state of play with this several years on?

Are people still receiving letters for offences?

I read somewhere, but can’t find the article now, that the overheads associated with monitoring and tracking down offenders was proving too much/cost prohibitive to continue?

They were never going to get massive American style damages out of it. Imo piracy has likely reduced since then anyway with better availability and new services.

This search may or may not show decisions for 2017:

https://www.justice.govt.nz/tribunals/copyright/decisions/copyright-decisions/?Filter_Jurisdiction=25&Year=2017

Lias

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#1927223 31-Dec-2017 00:54

The record labels launched a bunch of test cases, the last of which was lodged in 2014 and heard in 2015. They all resulted in relatively small fines (average was hundreds, only a handful were into low 4 figures). The record labels gave up, and no-one else ever bothered after they did.

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Starscream122

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#1927330 31-Dec-2017 12:43

Another reason New Zealand is so great!

In the USA If you break copyright I believe you can get in pretty big trouble.

JayADee

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#1927378 31-Dec-2017 16:09

Sort of related but how many web pages do ISPs track that you look at and how long do they keep the record? Reason I ask is because I rang up my ISP one day and the CSR said, 'Was xyz the last web page you were on?' I confirmed it was, then got thinking, boy I am glad I hadn't been googling something embarrassing!

loceff13

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#1927395 31-Dec-2017 17:13

JayADee: Sort of related but how many web pages do ISPs track that you look at and how long do they keep the record? Reason I ask is because I rang up my ISP one day and the CSR said, 'Was xyz the last web page you were on?' I confirmed it was, then got thinking, boy I am glad I hadn't been googling something embarrassing!

Some providers track that for mobile data usage etc, never heard of any local ISP doing that here.

ripdog

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#1927411 31-Dec-2017 18:15

JayADee: Sort of related but how many web pages do ISPs track that you look at and how long do they keep the record? Reason I ask is because I rang up my ISP one day and the CSR said, 'Was xyz the last web page you were on?' I confirmed it was, then got thinking, boy I am glad I hadn't been googling something embarrassing!

Wtf? That's not acceptable behaviour from any ISP. They should not be intruding on your privacy in that way. Aggregate monitoring for things like bandwidth purchasing decisions, sure, but not peeking at an individuals traffic.

I'd advise switching away from that ISP (citing snooping as the reason), and naming and shaming.

As to what they can track - over encrypted connections such as via a VPN, nothing. They have no idea who you are communicating with (although they will know the domain of your VPN). If you browse HTTPS sites, they know the domain but nothing else (such as which pages you visited on the domain). If you use HTTP without a VPN or proxy, they can see everything you do.

If you can't switch ISP immediately, grab a good VPN sub like Mullvad or Private Internet Access and use it to keep your browsing private.

Jaxson

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#1927425 31-Dec-2017 19:32

Good point re VPN as some activities don’t require high bandwidth really.
Not like you’d necessarily always need a super fast and expensive one.

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Jedsdad

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#1927461 31-Dec-2017 21:51

I rarely comment on things that some people say on this website, however on this occasion I want to give my 2 cents worth.

What you are all doing is theft, you are stealing copyright that someone else owns.

If someone was to take something of yours you would be the first to make a complaint.

Maybe there should be the 3 strikes rule as far as theft is concerned no matter where it is done.

Strike 1, steal your food, of well its only happened once.

Strike 2 steal your TV, oh well not to worry

Strike 3 steal your PC, heaven forbid, oh well the powers that be can send a notice to the perpetrator to desist, don’t do it any more or we will call the cops!

You would expect immediate action from the cops even after the first Strike, to catch the perpetrator.

I can hear the outrage now from all you people complaining that it is not the same thing as downloading something that you have not paid for, but in actual fact it is.

It is the same as someone going into a shop and stealing a video, the shopkeeper has lost money, just like the copyright owner has lost money.

I must remember to untick the “Email me” checkbox as I am sure there will be a deluge of responses!

freitasm

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#1927462 31-Dec-2017 21:59

Jedsdad: What you are all doing is theft, you are stealing copyright that someone else owns.

It's not theft if you consider you're not depriving the owner of its possession. The correct name is already there: copyright infringement.

Copyright infringement happens when someone copy or distributes a copy of a work that they don't have the rights to. The copyright owner is deprived of revenue or control over the content but is not deprived of the content itself. Or a more detailed description "Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. "

In the case of theft the loss is equal to the value of goods being taken. In the case of copyright infringement the loss value is harder to calculate because there's no exact method to determine how many copies were distributed and how many of these would be a lost sale.

In any case, copyright infringement is illegal.

blakamin

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#1927465 31-Dec-2017 22:33

Jedsdad:

I rarely comment on things that some people say on this website, however on this occasion I want to give my 2 cents worth.

What you are all doing is theft, you are stealing copyright that someone else owns.

No, what everyone is doing is having a discussion about a "3 strikes" law.

And I don't appreciate the accusation in the slightest, and would prefer you keep your incorrect 2 cents to yourself until you get your facts straight.

Jaxson

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#1927491 1-Jan-2018 00:23

everyone is doing is having a discussion about a "3 strikes" law

This, very much this.

Linuxluver

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#1927500 1-Jan-2018 05:49

galloway92: this is regarding the 3 notice anti download law

who has received a notice?

how are notices sent, through email or a letter in a post?

A friend says he searches TPB via TOR, so no one knows he's looking..... and then downloads using magnet links and encryption-only peers in PEXs and he's never received a letter.

Others use VPNs.

I don't watch much TV anymore. It just takes too much time.....hours. I can do a lot of other stuff with that time.

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Linuxluver

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#1927501 1-Jan-2018 05:54

galloway92:
Yabanize: You know how it works right? It only applies to p2p stuff. Basically the movie studios or record labels look at the peers on torrents and log the IP's then send complaints to the ISP's that that ISP belongs to Lots of good info here http://3strikes.net.nz/

Would they also track if your torrenting books and comics?

My understanding (which could be wrong) is the content providers have to pay $25 for an application.....so they tend to not make many. This was to avoid the US situation where there might be thousands of complaints that ISPs have to handle for free......and so many of the complaints are completely bogus and used to extort money from frightened citizens. The US is OK with that. NZ wasn't.....(IIRC).

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cadman

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#1927810 2-Jan-2018 01:08

Jedsdad:

I rarely comment on things that some people say on this website, however on this occasion I want to give my 2 cents worth.

I think you are seriously over inflating the value of your contribution.

JimmyH

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#1927998 2-Jan-2018 10:57

Jedsdad:

I rarely comment on things that some people say on this website, however on this occasion I want to give my 2 cents worth [.....]

How on earth did you make the leap of logic that everyone participating in a discussion of a legal framework and its practical application in NZ is somehow an immoral thief?

Aside from the aside that copyright infringement is (in law) a different thing to theft, your logic has about as much sense as alleging that everyone who participates in a discussion about the plot of an Agatha Christie book is a murderer.

EDIT: Typo

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