New Zealands Three Strikes Law-Monitoring starts today

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#516934 5-Sep-2011 15:57

SaltyNZ:

Three total, from anyone.

Thats what I thought, but was advised that it was 3 per complainent by someone on twitter.

Who the hell knows, If the second one says its the final one, change ISP anyway nomatter if they are the same or different. Not rocket science really

Richard rich.ms

DravidDavid

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#516937 5-Sep-2011 16:01

richms:
SaltyNZ:

Three total, from anyone.

Thats what I thought, but was advised that it was 3 per complainent by someone on twitter.

Who the hell knows, If the second one says its the final one, change ISP anyway nomatter if they are the same or different. Not rocket science really

It has been said, you can change to a different ISP, and back again within the week and you have a clean slate...As if nothing ever happened. I'm not sure if that is true or not, but it seems be how it looks.

For some, changing ISP is not an option, or a very expensive one.

Cymro

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#516962 5-Sep-2011 16:34

richms:
SaltyNZ:

Three total, from anyone.

Thats what I thought, but was advised that it was 3 per complainent by someone on twitter.

Who the hell knows, If the second one says its the final one, change ISP anyway nomatter if they are the same or different. Not rocket science really

It's 3 from the same Copyright owner or Rights holder agent representing them.

So 2 from NZFACT and 1 from RIANZ wouldn't get you taken to tribunal, but 3 from NZFACT would.

tdgeek

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#516974 5-Sep-2011 16:48

Cymro:
richms:
SaltyNZ:

Three total, from anyone.

Thats what I thought, but was advised that it was 3 per complainent by someone on twitter.

Who the hell knows, If the second one says its the final one, change ISP anyway nomatter if they are the same or different. Not rocket science really

It's 3 from the same Copyright owner or Rights holder agent representing them.

So 2 from NZFACT and 1 from RIANZ wouldn't get you taken to tribunal, but 3 from NZFACT would.

Or 8 from anybody

MoonUnit

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#516980 5-Sep-2011 16:56

Anyone here compiled a list of good VPNs?

I don't actually do any piracy whatsoever but I live in a flat and have no control over the actions of my flatmates

My current thinking is that if we get a letter then it'll be change ISP + aim modem at a VPN and pay for it with a pressie card

hellonearthisman

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#517069 5-Sep-2011 18:58

You can only get one notice at a time.

This gives the users a period of time to change there ways,
they can't issue three at one time, but that would only count as one.

mrfett01

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#518125 7-Sep-2011 15:03

I have heard a lot about the new 'skynet' law and how people using p2p networks can be monitored and then prosecuted. That much is pretty straight forward.

What about people that use file hosting sites such as megaupload, rapishare, hotfile and fileserve? Are these sites subject to the same law and can they be monitored by parties other than your ISP?

If not then there is the easiest and cheapest work around to using torrents.

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gehenna

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#518126 7-Sep-2011 15:06

mrfett01: Are these sites subject to the same law and can the be monitored by parties other than your IAP?

Yes

jonb

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#518131 7-Sep-2011 15:19

gehenna:
mrfett01: Are these sites subject to the same law and can the be monitored by parties other than your IAP?

Yes

Yes - as in the sites themselves are monitored, and are expected to oblige and take down copyrighted material when rights holders identify it and notify them

No - the new law does not provide a mechanism for rights holders to identify and prosecute end users of these 'file locker' sites

richms

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#518137 7-Sep-2011 15:31

But remember that if they are password protected archives then they have no magic way to see inside them without being part of the forum you get the links from like all the other users of them, so takedowns are much harder to do.

Richard rich.ms

SaltyNZ

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#518145 7-Sep-2011 15:35

richms: But remember that if they are password protected archives then they have no magic way to see inside them without being part of the forum you get the links from like all the other users of them, so takedowns are much harder to do.

For peer to peer the best way for them to verify infringement is to download from you. But with BT they need to upload as well. I would love to see someone challenge on the grounds that since they were in a BT swarm, uploading content, they had therefore offered the infringing content for download.

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DravidDavid

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#518147 7-Sep-2011 15:42

SaltyNZ:For peer to peer the best way for them to verify infringement is to download from you. But with BT they need to upload as well. I would love to see someone challenge on the grounds that since they were in a BT swarm, uploading content, they had therefore offered the infringing content for download.

That is the stupid thing about this new law. Either way the rights holders must upload/download in order to catch someone out. But by uploading their copyrighted data to the user they plan to catch, they are forfeiting their right to sell their product. I would assume such an argument would hold up in court.

There must be something in the Terms of use for some of those bit-torrent applications that says "If you decide to upload your file through our software you understand you are giving it away for free!"

SaltyNZ

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#518157 7-Sep-2011 15:58

DravidDavid:

There must be something in the Terms of use for some of those bit-torrent applications that says "If you decide to upload your file through our software you understand you are giving it away for free!"

Yes, and as I understand it in some jurisdictions (not necessarily NZ - I'm an engineer, not a lawyer) that kind of behaviour might count as an estoppel. So, although it would be cheeky, I think there is at least a chance it could wash.

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SteveON

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#518158 7-Sep-2011 16:00

Humm... It has probably been said but Prepaid Mobile Data is getting pretty cheap these days ;o)

lokhor

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#518160 7-Sep-2011 16:03

SaltyNZ:
DravidDavid:

There must be something in the Terms of use for some of those bit-torrent applications that says "If you decide to upload your file through our software you understand you are giving it away for free!"

Yes, and as I understand it in some jurisdictions (not necessarily NZ - I'm an engineer, not a lawyer) that kind of behaviour might count as an estoppel. So, although it would be cheeky, I think there is at least a chance it could wash.

I'm fairly certain that the companies who are 'uploading' to catch people out are only sharing fake pieces of the file so are not violating copyright law themselves. Imo this should be considered baiting though.

All comments are my own opinion, and not that of my employer unless explicitly stated.

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