'Three strikes' downloader bill welcomed

Last updated 10:47 26/02/2010

Relevant offers

Digital living

New Facebook photo viewer mimics Google+ Go digital to get over an ex Popular app's CEO apologises over privacy bungle Managing a massive music library Microsoft acknowledges Xbox Live hijacks People not keen to pay for fast broadband extras Facebook will release more user data Hundreds lose money after trader dies PlayStation Network merged with other services Indonesia tweeters fly in the face of censorship

Internet New Zealand has welcomed a new bill changing copyright laws but says the penalty of suspending a user's account for breaches won't work.

On Tuesday, Commerce Minister Simon Power introduced a bill repealing Section 92A of the Copyright Act.

The Copyright (Infringing File Sharing) Amendment Bill replaced the section with a three strikes regime intended to to deter illegal file sharing.

The previous government's attempt to police copyright infringement was withdrawn after many internet user groups complained it was too draconian and would result in people being unfairly cut off by their internet service providers (ISPs).

Now there will be the three warning system after which offenders will face tough penalties or suspension.

Announcing the bill, Mr Power said the three notices would educate users about illegal file sharing and it provided effective methods for copyright owners to enforce their copyright.

"It ensures that file sharers are given adequate warnings that unauthorised sharing of copyright works is illegal."

The bill extended the jurisdiction of the Copyright Tribunal, enabling it to hear complaints and award penalties of up to $15,000 based on the amount of damage sustained by the copyright owner.

Mr Power said the bill would enable copyright owners to seek the suspension of internet accounts through the District Court for up to six months.

"It's important that account holders are given a reasonable time to stop infringing before enforcement takes place. The bill prescribes timeframes so account holders have the opportunity to address illegal file sharing activity occurring on their internet connection before enforcement action is taken."

Users would have the chance to challenge notices and may request hearings at the Copyright Tribunal to contest infringement claims.

Regulations outlining awards the tribunal may make would be drafted after the bill passed.

"Online copyright infringement is a problem for everyone, but especially for the creative industry, which has experienced significant declines in revenue as file sharing has become more prevalent," Mr Power said.

Internet NZ said the bill was good but said suspending people's internet accounts would not work.

"Internet users would simply start a new account at another ISP. While suspension would require an order of the District Court, it is still unworkable and unnecessary. InternetNZ will argue strongly that suspension be deleted by the Select Committee," the organisation's policy director Jordan Carter said.

Ad Feedback

He said definitions in the bill needed to be clear and workable.

"Overall, the draft Bill puts the mistakes of the original Section 92A behind us, and allows for a workable regime that will reduce copyright infringement in New Zealand," Mr Carter said.

- NZPA

98 comments
Post a comment
harry   #98   11:38 am Mar 04 2010

haha, people who say that downloaded music is 'bad quality' obviously don't know the right file sharing sites...

gg   #97   09:10 am Mar 04 2010

@slaine, you are going to the wrong place to get your warez. I have bought many albums multiple times, for example tools salival twice (limited edition, over $150 each) they both got stolen. WHos getting ripped off? Is tool really losing any money if I download it again? I doubt it. Wake up, we are not all criminals. Boohoo. I don't recall their being any problems when we put our cassette into our stereo too dub a cd ay? I had a massive box full of copied cassettes, probably more than I did of my downloads

jordan   #96   03:37 pm Mar 03 2010

I want a list of sites/software we can't use, we are atleast entitled to that.

Jannette   #95   12:36 pm Mar 02 2010

@ Slaine.

Interesting that you say you don't download, NOT because it's 'wrong' but because the quality is low.

Interesting that you choose to pass judgement on those 'cheapskates', yet, the only thing preventing you being one is quality.

aaron   #94   06:33 pm Feb 28 2010

I don't get any of it the internet here in nz it is of the most appalling international standard any way, we pay through the nose for it, its meant to be kinda fast{well so im lead to believe} but vietnams dial up is apparently faster than our cable and its massively cheaper although the general populace must be controlled in every aspect of their lives and commoners like me are subsequently here to rip off every hot shot who already made millions off the capitalization of every one you know! Funny old world aint it?

Slaine   #93   01:51 pm Feb 28 2010

Its about time all the freeloaders and hackers out there got busted. I don't download music or movies because the quality sucks. Its about time all the cheapskate warez hackz out there got unplugged. They've ripped off legit creators for far too long.

L   #92   12:54 am Feb 28 2010

I want to know what the hell happened to a little something i like to call privacy, in theory what we do on the internet shouldn't be able to be tracked; there is so many articles going around about peoples privacy being breached IE Google's recording your internet movements (so to speak). Personally I feel is wrong, however that does not mean to say I feel that we should ignore copyright infringement; just that they need to find a better way going about it.

Mathew   #91   11:07 pm Feb 27 2010

Many years ago TVNZ showed one season of a TV show that I loved. When the show stopped, I assumed it had been cancelled. About 5 years later I found out that there were in fact 4 seasons of this show. I made enquiries, TVNZ had no intention of showing the remaining 3 seasons, I couldn't hire the show on DVD anywhere, in fact I couldn't even buy the DVD in New Zealand because it had not been "officially" released. My only option was to buy out of zone DVD's on Amazon, and illegally import them into New Zealand, then play them on an technically illegal multi-zone DVD player. Then I found out about torrents, and I haven't looked back since.

Most TV series shown in NZ are 2-5 years old, and many movies are 6 months - 1 year old when released in NZ, and thats if the distribution companies involved even choose to release here. (Being a small market, they often don't bother.)

It's completely unreasonable to ban something when there is no legal alternative.

maaster   #90   08:30 pm Feb 27 2010

when will the law come into effect???????

Sam Walls   #89   04:34 pm Feb 27 2010

This bill is a waste of time. I'm sure there are several ways to download things illegally without being detected.


Show 39-88 of 98 comments

Post comment


Required

Required. Will not be published.
Registration is not required to post a comment but if you , you will not have to enter your details each time you comment. Registered members also have access to extra features. Create an account now.


Maximum of 1750 characters (about 300 words)

I have read and accepted the terms and conditions
These comments are moderated. Your comment, if approved, may not appear immediately. Please direct any queries about comment moderation to the Opinion Editor at blogs@stuff.co.nz
Special offers

Featured Promotions

Sponsored Content