New Zealands Three Strikes Law-Monitoring starts today

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wreck90

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Topic # 87904 10-Aug-2011 10:43

While the 3 strikes law comes into effect on Sept 1st, rights holders can harvest infringing IP's from today.

Probably I am wrong because you'd have thought there would have been something in the news.

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Reply # 504252 10-Aug-2011 10:57

Internet is my backyard...

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graemeh

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Reply # 504268 10-Aug-2011 11:35

I wrote a big long reply which got lost. I think the monitoring can't really start until Friday 13th August. The IPAP has to be notified within 21 days and since they can't be notified until 1 September that's how I get Friday.

Also, it's 22 days until end of August today so it couldn't start until tomorrow at the earliest.

I suspect most downloaders are going flat out until they get their first notice and will then try to hide their activities.

pinkydot

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Reply # 504478 10-Aug-2011 15:56

Today? Not tomorrow that said on 3strikes.net.nz ?

gonna miss Vodo site so much

freitasm

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Reply # 504481 10-Aug-2011 16:02

Stunned to see Simon Power, Minister of Commerce saying "I have no idea what Netflix is..."

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Reply # 504488 10-Aug-2011 16:11

freitasm: Stunned to see Simon Power, Minister of Commerce saying "I have no idea what Netflix is..."

I'm not.

They don't know much about most things tech.

It shows.

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graemeh

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Reply # 504494 10-Aug-2011 16:17

pinkydot: Today? Not tomorrow that said on 3strikes.net.nz ?

gonna miss Vodo site so much

I meant to say I think it is Friday 12 August, 3strikes.net.nz have tomorrow. I haven't asked a lawyer how you count 21 days, I included the day the IPAP received the notice.

The law actually says "...occurred more than 21 days before the IPAP received..."

The law also says the IPAP "need not" comply if it's more than 21 days old. This doesn't stop the IPAP from choosing to comply if the info is old (not that I'm suggesting they will or will not as I have no idea).

I don't know why you're going to miss Vodo, they claim their content is legal to share and this law will not stop you from sharing content that the owners allow you to share (like Linux ISOs ;)).

freitasm

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Reply # 504495 10-Aug-2011 16:19

pinkydot: gonna miss Vodo site so much

The law is not making P2P illegal, for goodness sake. It's just creating a process for complaints of illegal file sharing.

Vodo.net is not illegal. They distribute the content directly from the authors who authorise it.

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graemeh

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Reply # 504496 10-Aug-2011 16:20

freitasm: The law is not making P2P illegal, for goodness sake. It's just creating a process for complaints of illegal file sharing.

graemeh

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Reply # 504511 10-Aug-2011 16:37

It's made the news on Stuff
http://www.stuff.co.nz/technology/digital-living/5423864/Skynets-file-sharing-infringements-set-to-c...

jonb

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Reply # 504523 10-Aug-2011 16:54

graemeh: It's made the news on Stuff
http://www.stuff.co.nz/technology/digital-living/5423864/Skynets-file-sharing-infringements-set-to-c...

I think some Stuff staff most be close followers of geekzone, the speed at which threads on here get made into news stories there

jonb

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Reply # 513455 29-Aug-2011 13:38

Interesting article on Arstechnica about the unreliabilty of using IP addresses as the sole judge of a person infringing..

http://arstechnica.com/tech-policy/news/2011/08/why-ip-addresses-cant-always-find-file-swappers.ars

PaulBrislen

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Reply # 513486 29-Aug-2011 14:36

Very interesting article but unfortunately not relevent in New Zealand because the Copyright Act says the account holder is responsible regardless of whether their IP address has been borrowed by someone else...

but the US judge is exactly right - having an IP address is no guarantee that the person at the other end of it is infringing.

our govt has side-stepped that completely.

wreck90

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Reply # 513489 29-Aug-2011 14:45

PaulBrislen: Very interesting article but unfortunately not relevent in New Zealand because the Copyright Act says the account holder is responsible regardless of whether their IP address has been borrowed by someone else...

but the US judge is exactly right - having an IP address is no guarantee that the person at the other end of it is infringing.

our govt has side-stepped that completely.

The thing I'm concerned about, is that there is nothing to stop a copyright holder from malicious accusations.

Telecom are rumoured to be adopting static IP's for it's subscribers.

This means, a copyright holder can get their person just by submitting the same IP 3 times over 3 months regardless of actual infringing.

At least, with dynamic IP's the copyright holders can't maliciously target telecom subscribers.

And, I think the copyright holders are likely to be malicious where possible as the law supports them in this.

PaulBrislen

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Reply # 513491 29-Aug-2011 14:48

They have to prove offending (to the IPAP) on 13 different points, right down to when the offending is supposed to have occurred (to the second).

I'm hoping this will stop too much nonsense, but given what's happened internationally with regard to copyright infringement (Google reports almost half the notices it receives are bogus) I'm concerned as well.

wreck90

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Reply # 513496 29-Aug-2011 14:55

PaulBrislen: They have to prove offending (to the IPAP) on 13 different points, right down to when the offending is supposed to have occurred (to the second).

I'm hoping this will stop too much nonsense, but given what's happened internationally with regard to copyright infringement (Google reports almost half the notices it receives are bogus) I'm concerned as well.

Yes, but whether they prove offending to 5 points or 100 points data can easily be falsified. Telecom are not going to keep every single bit of network data to prove otherwise.

From what I can see, the copyright holder only has to point their finger and you're guilty.

This is the end of free wifi services.

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