Bill to ban file-sharing 'goes too far'

BY ANDREA VANCE
Last updated 05:00 29/07/2010

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Banning file-sharing in a crackdown on internet piracy could target emails, web browsing, and some forms of journalism, MPs will be told today.

File-sharing is the sharing of computer data  such as music or videos.

The Copyright (Infringing File Sharing) Amendment Bill is before the commerce select committee and seeks to toughen the penalties for illegal downloading.

The Creative Freedom Foundation (CFF), which represents 20,000 artists, will tell the committee's MPs the definition of file-sharing in the bill is too broad.

It could apply to anyone who is sent an email, chat message, or article containing material which breaches copyright.

CFF director Bronwyn Holloway-Smith said the legislation should be restricted to "uploading" files  providing data online.

"The internet is a great big copying machine and when you interact with it ... you are constantly downloading content. That definition should be restricted to ... uploading so that you are not breaking the law when someone emails you something that is infringing [copyright], because you are a passive recipient of that."

The bill would allow copyright owners to ask for a six-month suspension of the internet accounts of those who repeatedly infringe.

But the charity says the penalty should be fines, limited to the retail cost of the downloaded material.

Last week, internet entrepreneur Lance Wiggs told the committee the recording and film industries needed to give a "legal alternative" to piracy, with better access to movies and music in New Zealand.

Ms Holloway-Smith said: "We have suggested that if the downloaded item isn't available legally on the internet we don't see how you can claim a lost sale."

Trade Me will also appear before MPs this morning. In a submission, general counsel Christine Lanham said the company supported "several aspects" of the legislation

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- © Fairfax NZ News

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