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New Zealand ‘three-notice regime’

p2pnet view P2P | Politics:- A new version of the corporate entertainment industry’s Three Strikes ‘law’ is slated to hit the New Zealand parliament today.

The Hollywood and Big Music Three Strikes and you’re Off The Net scheme is “being introduced as locally proposed legislation by governments in countries such as the UK and France”, said p2pnet in a post on the UK version, going on:

“Under it, governments would act as entertainment industry copyright agents, and ISPs would become industry enforcers against their own customers.”

Now, a bill repealing Section 92A of the New Zealand Copyright Act “will be introduced into parliament today by commerce minister Simon Power” (right), says Scoop Parliament, running a government press release which states >>>

The Copyright (Infringing File Sharing) Amendment Bill repeals Section 92A and replaces it with a three-notice regime which is intended to deter illegal file sharing.

“This amendment puts in place a fair and balanced process to deal with online copyright infringements occurring via file sharing,” Mr Power says.

“The major feature is the three-notice process, which educates the public about illegal file sharing and provides 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 also extends 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 says the bill will also 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.

“They will also have the chance to challenge notices and may request hearings at the Copyright Tribunal to contest infringement claims.

“Regulations will outline the awards the tribunal may make and they’ll be drafted later this year when the bill has been enacted.

“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.

“This bill is the result of extensive consultation with stakeholders and is an important step in addressing a complex issue”, Power adds.

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p2pnet – Make 3 strikes bill law, says Simon Cowell, February 22, 2010
Scoop Parliament
– Section 92A bill introduced to Parliament today, February 23, 2010


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3 Responses to “New Zealand ‘three-notice regime’”

  1. andyb Says:

    Anything in there for counterclaims for wrongful cutoff and compensation?If they can get 15K I should be entitled to the same if I have to go to a tribunal to prove they are wrong.

  2. Anonymous Says:

    I concur with Andyb

  3. Anonymous Says:

    NO, SLAVE, YOU GET NOTHING! You’ll be lucky we don’t fine you just for daring to ask whether we wrongfully accused you!

    Ahhhhh gotta love that freedom! Feels good, doesn’t it? When the corporations and gov’t act as one massive entity, nothing can go wrong, and individual rights and freedoms are ALWAYS top priority!

    Seriously though, these corporate retards and their bought and paid-for politician cronies have another thing coming…. Fully anonymous p2p is getting closer and closer, and THEN how are they going to enforce their petty laws? They should thank their lucky stars the clueless populace hasn’t show up with pitchforks, tar, and feathers. How fortunate for the corporate masters that the slaves are dumber than a box of rocks……. but hey, who cares, lets go get drunk and watch the olympics… LOL

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