Top internet man backs disconnection for piracy
BY TOM PULLAR-STRECKER AND CLAIRE MCENTEE
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Digital Living
Opponents of tougher policing of copyright on the internet might feel they had a natural ally in Peter Dengate-Thrush, who has been appointed to the three-person Copyright Tribunal by Commerce Minister Simon Power.
But the Wellington lawyer – chairman of international internet policy-making body Icann and a past chairman of InternetNZ – says he can understand both sides of the debate and is not opposed to temporarily cutting off persistent copyright infringers from the internet.
Mr Dengate-Thrush was appointed to the tribunal for a five-year term, last week. Under a revised section 92a of the Copyright Act that will be resubmitted to Parliament this year, the tribunal will get the jurisdiction to rule on alleged offences.
It will be able to fine internet pirates up to $15,000 and suspend their internet accounts for six months if they repeatedly download copyrighted material.
The new enforcement arrangements are designed to dissuade internet users from illegally downloading music and films over peer-to-peer file sharing services. The United States' Motion Picture Association estimates internet piracy is costing at least $33 million a year in New Zealand sales.
"It is because of the changing role that I was attracted to the position," Mr Dengate-Thrush says.
"The original scope of the Copyright Tribunal was interesting, but rather limited – some would probably say arcane."
Most people are aware of the debate over internet piracy and the "passion on both sides", he says.
"I straddle both camps, in that I have got a history of involvement in developing internet institutions, practices and rules and also my daily practice is as an intellectual property barrister.
"I make my living out of advising trademark owners and copyright owners and fully appreciate the consequences of ... infringements. These are bad things for the economy, communities, inventors and creators of good ideas."
Mr Dengate-Thrush says that in the case of habitual offenders, if they keep infringing, then there "will come a time when disconnecting them for a period is the right thing".
A spokeswoman for Mr Power says the Government hopes to introduce the redrafted bill to Parliament in the next few months and see it enacted this year.
The bill will be referred to a select committee after its first reading in Parliament, at which point the public can make further submissions.
Copyright advocates, including the Recording Industry Association and NZFact – a branch of the Motion Picture Association – have called for account termination to remain a real sanction under the act.
- The Dominion Post
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