'Three strikes' downloader bill welcomed
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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The previous government's attempt to police copyright infringement was withdrawn after many internet user groups complained it was too draconian and would result in people being unfairly cut off by their internet service providers (ISPs).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.
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
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Just to clear up how finding infringement works, companies simply have software that automatically joins torrent swarms, takes note of your ip, matches this to a list of ISPs, and forwards a notification to them for your identity.
Ohh how sad the movie industry is not making money, how about Avatar the biggest money making movie ever.Make something we want to see the amount of times of been ripped of at the movies for watching rubbish, i think we should pay for it if we like it.
Dave #51
Is that right Dave? Really?
I'm a musician myself. You're the one who doesn't know what you're talking about.
Pointless law again we as parents will have to watch our kids more and more, mostly High school students what happens if the student in the house hold downloads then the blame goes to parents? What will the outcome be then?
I'm a software developer and copyright laws and (the threat of) effective enforcement of these laws is a critical component of how I can stay in business, employ staff and make a living. I use open source software and license a number of my own products as open source. Open Source software is generally freely available but still protected by copyright laws. Controlling distribution of work I produce is important whether its available to end users for free or for a charge. It is not up to consumers to decide how my products are distributed.
While most people here are advocating piracy in the entertainment industry you are shaky ground. Its a pathetic argument that piracy encourages sales by letting people sample products first and its also ridiculous to argue that piracy is ok because the products you want are too expensive. Buy them or do without, none of these are essential items, the products are produced for paying customers and protection of those assets are critical for creating jobs, growth and new technologies / songs / movies / tv programs or whatever.
If you ever produced a creative, valuable, but copyable piece of work you would feel very differently about copyright laws.
#GL #46. Good points all - duly noted. Although I would think that information technology does require a slightly different approach that physical objects (despite my analogy).
Heh - perhaps the internet has realised the old socialist dream of no possessions. Well, sorta.
To Brent 47
You are a fool and very ignorant. The internet is not owned by anyone, if i want i song i will get one and please don't be so stupid to actually believe that the artists suffer that is pure ignorance.
Good thing is that the new bill stipulates that the takedown / fine must go through the Copyright Tribunal or the court. Bad thing is that they are still going to insist on takedowns as well as imposing upto $15,000 fine (Hopefully $15,000 MAX, not per download in a single lawsuit).
I also hope this bill operates under presumption of innocence until proven guilty rather than the other way round like the previous S92a.
Byron #44
Money is not the driving force behind creativity. Most musicians, artists and so forth are dependant on sales of their products to earn a living.
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