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Topic # 108710 4-Sep-2012 07:57
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Looks interesting.

http://www.stuff.co.nz/technology/7604604/Record-labels-make-example-of-Kiwi-downloaders


Record companies have asked for three Kiwi internet users to be hauled in front of the Copyright Tribunal and fined under the controversial "Skynet" copyright law for allegedly pirating music.

Previously the Recording Industry Association (Rianz) had limited itself to sending more than 2700 warnings to people it believed it had caught illegally sharing music through peer-to-peer networks.

There was surprise in July when it emerged the association had chosen not to take action against any of the first three internet users who had received third and final "enforcement notices" under the three-strikes regime.

But Justice Ministry spokesman Nathan Green confirmed that Rianz, which represents big labels, including EMI, Sony, Universal and Warner, had now bared its teeth by making an example of three others who had received their final notices.

"Three applications for an order requiring payment to a rights owner under Section 122(O) of the Copyright Act 1994 have been received from the Recording Industry Association of New Zealand," he said.



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  Reply # 681132 4-Sep-2012 08:13
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3! out of the supposed hundreds of thousands of people downloading pirated stuff they manage to get three to court (and not even found guilty yet) after, what, a year or more?


they aren't making it sound particularly risky to be downloading stuff....

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  Reply # 681140 4-Sep-2012 08:27
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NonprayingMantis: 3!
they aren't making it sound particularly risky to be downloading stuff....


No. but I suspect they are trying to make damn sure that public opinion comes down on their side, 

I think that the three they have chosen will likely have been downloading and supplying others through markets etc, 

If they have got 3 grannies or parents of kids who have downloaded the twilight soundtrack, then they will end up with the same reputation as the RIAA in the US, 

 
 
 
 


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  Reply # 681141 4-Sep-2012 08:29
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wellygary: 

No. but I suspect they are trying to make damn sure that public opinion comes down on their side, 

I think that the three they have chosen will likely have been downloading and supplying others through markets etc, 

If they have got 3 grannies or parents of kids who have downloaded the twilight soundtrack, then they will end up with the same reputation as the RIAA in the US, 


Well, you'd think so, but the RIAA were/are so clueless that they genuinely believe they're on the side of right. What makes you think these guys will be any smarter?




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  Reply # 681164 4-Sep-2012 09:13
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For some reason that story link is really slow through my ISP [Edit: FYX/Maxnet] and does not load:

http://www.stuff.co.nz/technology/7604604/Record-labels-make-example-of-Kiwi-downloaders

No problem via proxy: http://www.freewebproxy.net

Anyone else having that problem?

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  Reply # 681165 4-Sep-2012 09:17
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I guess they've got to try and prosecute someone so it at least looks like we're trying to keep the Murrcan gummint happy.




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  Reply # 681166 4-Sep-2012 09:18
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I thought that's why we did the Dotcom dog, pony & automatic weapons show.




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  Reply # 681180 4-Sep-2012 09:52
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Why shouldn't they be prosecuted. They are breaking current laws are they not?

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  Reply # 681188 4-Sep-2012 09:59
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SaltyNZ: I thought that's why we did the Dotcom dog, pony & automatic weapons show.

OMG, there was teh PONIES!!!??

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  Reply # 681190 4-Sep-2012 10:00
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mattRSK: Why shouldn't they be prosecuted. They are breaking current laws are they not?


Are they? Isn't that a matter for a court to decide? Oh... no, it's not. And that is the point.




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  Reply # 681193 4-Sep-2012 10:00
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BlueShift:
SaltyNZ: I thought that's why we did the Dotcom dog, pony & automatic weapons show.

OMG, there was teh PONIES!!!??


You just gotta have teh ponies!




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  Reply # 681205 4-Sep-2012 10:15
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SaltyNZ:
mattRSK: Why shouldn't they be prosecuted. They are breaking current laws are they not?


Are they? Isn't that a matter for a court to decide? Oh... no, it's not. And?that is the point.


Excuse my ignorance, but why wouldn't it be a matter for the court to solve.



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  Reply # 681214 4-Sep-2012 10:45
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mattRSK:
SaltyNZ:
mattRSK: Why shouldn't they be prosecuted. They are breaking current laws are they not?


Are they? Isn't that a matter for a court to decide? Oh... no, it's not. And?that is the point.


Excuse my ignorance, but why wouldn't it be a matter for the court to solve.


No different to a speeding fine I suppose.

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  Reply # 681215 4-Sep-2012 10:46
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mattRSK:
SaltyNZ:
mattRSK: Why shouldn't they be prosecuted. They are breaking current laws are they not?


Are they? Isn't that a matter for a court to decide? Oh... no, it's not. And?that is the point.


Excuse my ignorance, but why wouldn't it be a matter for the court to solve.


Well, for one thing, it doesn't actually go to a proper court, although to be fair it goes to a Tribunal. Secondly, the tribunal doesn't get to consider whether or not you actually did the infringing, as might a proper court; it only gets to decide whether someone who accessed the internet via your connection did the infringing.

Secondly, the law is very vague on the subject of whether a hearing is even required or not. You don't automatically get one, you have to specifically request it, although the tribunal may also decide on their own that one is required. 

And lastly, because the law specifically requires that the allegation be taken as presumption of guilt. You can challenge the notices at the time they are sent (and the rights holder can reject your challenge) and again at the tribunal (and the rights holder can reject it there again too). The law, again, is very vague on what grounds you might challenge a notice and on what grounds the rights holder might reject your challenge. But it's clear on one thing - unless you do have a challenge upheld, you are guilty.

if you happen to be caught out having had someone else use your connection and you're not technically savvy, you're out of luck. And if you are technically savvy and can prove it wasn't you, it doesn't matter, since as I said, they don't have to prove you did anything wrong, only that someone who used your connection did.




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  Reply # 681219 4-Sep-2012 10:50
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BraaiGuy: 

No different to a speeding fine I suppose.


There is one important difference. While it's true that the word of a police officer holds more weight than your own, it's also true that the police have a higher standard imposed by the law to uphold and a duty to impartiality which is fundamentally not the case for RIANZ. Police can be (and are) held to account when they are found to be in breach of their trust to the public. 

What do you suppose would happen to the RIANZ if their notices were found to be completely false or otherwise worthless? Not much, I'm betting, other than that they might do a better job to keep up appearances next time.




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  Reply # 681357 4-Sep-2012 15:13
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how they going to prove it? considering the new router hack that bypasses passwords for psk2

they could just say wasnt them and some was using their system without knowledge

they prob uni students who dont give a dam anyhow be interesting to see where
it leads
more funny if its parents of kids

that will put the public against it all wont it make media coys look real silly


i guess cant let it happen it will take away a few 100 bucks out of simons cowells pockets
and he wont be able to afford to keep his lights on :)

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