New Zealand internet copyright law

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Absolutely shocking - the part about "proving innocence" is a very
large worry, and basically wiping their arses with our legal rights.




The New Zealand Parliament has passed a Copyright and Infringing File
Sharing Bill that could see persistent copyright infringers
disconnected from the internet for up to six months.

Under the new law, rights holders could pay a processing fee to send
infringement notices to alleged copyright infringers via their
internet service providers.

If those internet users were found to continue to breach copyright,
rights holders could bring them before a newly established Copyright
Tribunal staffed by five intellectual property lawyers.

Infringement notices were presumed to be correct and valid, so it
would then be up to accused users to prove their innocence. Those
found guilty of infringement faced fines of up to NZ$15,000 ($11,300).

The bill also included a power for district courts to order ISPs to
disconnect customers for up to six months should the three-notice
process and remedies by the Copyright Tribunal be deemed ineffective.

Intellectual Property lawyer Rick Shera of Lowndes Jordan in Auckland
noted that the new Act did not specify a timeframe for the
disconnection clause to be activated.

The entire new law may also be applied to mobile providers in two
years92% time, after a government review.

Presumption of guilt could burden businesses, ISPs

According to Matthew Holloway of artists lobby group Creative Freedom
Foundation, the New Zealand Parliament had not studied compliance
costs for businesses.

Citing estimates from NZ internet provider association ISPANZ,
Holloway said 90 percent of the country92%s businesses use NAT to
connect their employees to the internet.

NAT devices -- like most home phones -- are incapable of tracking
individual users, which is a practical necessity of the law, he said.

"Proving you didn't infringe does involve tracking all network
traffic," Holloway explained, adding that NAT devices capable of
tracking traffic for copyright monitoring purposes cost in excess of NZ
$1,500.

Telecommunications Users Association of New Zealand chief executive
Paul Brislen said the new law may require organisations to redraft
employment contracts so they could monitor traffic such as email and
web browsing for copyright infringement.

Brislen also asked if ISPs would be required to track repeat
infringers to prevent them from signing up with new providers after
being disconnected.

"How does that leave, for instance, annual contracts that stipulate
early disconnection fees? The new law leaves us with more questions
than answers," he said.

Brislen speculated that the new law may in fact encourage ISPs to
disconnect users upon receiving infringement notices, despite there
being no requirement to do so currently.

"I92%ve been told by major providers that this is a likely scenario, as
they don92%t want to take risks and dispute the infringement notices,"
he said.

According to Pirate Party of Australia acting secretary Simon Frew,
the presumption of guilt was a "flagrant assault on the legal right to
be assumed innocent until proven guilty".

Frew warned that the new law may unduly punish individuals living in
share houses or large families, since one person's copyright
infringement would affect everyone in the household.

"Anyone could be disconnected at the request of the media industry.
This is something that could easily be abused and many innocent people
disconnected," Frew said.

Re: New Zealand internet copyright law
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As usual, the media report doesn't properly reflect the content of the
legislation, with interest groups seeking to misrepresent it.

http://www.legislation.govt.nz/act/public/2011/0011/latest/DLM2764327.html#DLM3331808

If the matter reaches a tribunal, than that section starts by
establishing various presumptions on the basis of the issue of an
infringement notice.

However, it then says that the account holder may submit evidence or
give reasons as to why those presumptions are not correct.

Once the account holder does that, and on my reading, no matter how
tenuous the evidence, or spurious the reasoning, the rights holder has
to satisfy the tribunal that the presumptions are correct.

Costs would not generally be awarded. See (7).

Given the civil nature of the proceeding, that's hardly an unfair balance.

When it comes to suspending accounts, discussed in 122P, there are no
presumptions, and the court has to be satisfied of a number of things
before the account can be suspended. I would not expect such orders to
to be made very often. Note in particular, that suspension can only
occur after the issue of an enforcement notice, which in turn requires
repeated breaches of copyright against the *same* rights holder within a
period of nine months, despite the issue of a warning notice.

Sylvia.





Re: New Zealand internet copyright law

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Bullshit. companies have very deep pockets and on leash legal teams.
evben if you win(fat chance) you're screwed at least a days wage and
lots of stress and worry.

Re: New Zealand internet copyright law
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Thats right.  The substantial depth of corruption in law enforcement
would pale in
comparison to that of big business.

Would be the same result as normal with the legal system. The feral
living on benefits
with no assets would tell them to shove it up their arse, and walk
away laughing, and the hard working
tax payer would be forced to make a settlement, and take it up the
arse regardless of guilt or innocence.


Re: New Zealand internet copyright law
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Life doesn't work that way, you would need to spend a fortune on legal
representation,
and also probably pay tech experts to give evidence.


The other problem being since any computer or net based "evidence"
is in a digital form, it can easily be fabricated or altered and
therefore should not be admissible.


The proper way would be for them to have to provide proof that you
were at the computer at the time of the act, or knowingly initiated
the download.


In cases like with people running public internet kiosks, public wifi
etc this could easily wipe out their business very quickly.


The problem with any law like this is that it is an invasion of your
privacy and the thin end of the wedge.


Re: New Zealand internet copyright law
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Before the tribunal there won't be legal representation - it's not
usually permitted.

As I've already indicated, once the question of the correctness of the
presumptions has been raised, the onus falls on the rights owner to
satisfy the tribunal, so it is they who will have to engage experts.
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There's nothing particularly unsual about such evidence. Almost any
evidence can be fabricated. But, like any other evidence, its value will
depend on the person who is offering it, and the extent to which they
convince the court that it is genuine.
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As far as the tribunal is concerned, this is a civil matter. Such levels
of proof are not usually required in civil cases, with the test being
balance of probability.

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I rather doubt it in practice because of the time required to download
stuff over filesharing services.

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That copyright holders can obtain the details of those they alleged to
have done the infringing is nothing new. This legislation just
streamlines the process somewhat.

The legislation doesn't give rights holders carte-blance to get details.
They have to apply to the District Court, which has to be satisfied that
an enforcement notice has been sent, and the rights holder has to give
the court an undertaking to use the details only for the purpose of
seeking an order to suspend the person's account.

The bottom line in all this is that rights holders do have a legitimate
interest in protecting their property, and the public at large loses out
when copyright material is not created because piracy undermines the
economics of doing so.

Sylvia.


Re: New Zealand internet copyright law
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That last statement is the biggest load of PC crap I have read all
year.



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Re: New Zealand internet copyright law

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You have not a clue as to how the courts work in the real world.

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and the courts will not side with joe public.

Re: New Zealand internet copyright law
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Agree.  I was shocked to see something like this from Sylvia. It
really rocked me
and at first I thought she was being sarcastic.


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Agree 100%.

The law would have been written "To order" by the musical/movie/
software mafia, and
would have been refined in such a way to make sure that they would
win.

This crime syndicate would be dozens of times more financial and
powerful than the
NZ government.



Maybe Sylvia needs to watch a couple of episodes of "Australian
Story".
First the one about the Australian software developer who originally
invented
"product activation" and how it got ripped off by Microsoft, who so
far have been ordered to
pay compo, but simply keep appealing, and denying the original
inventor his royalties.

This is how all copyright law works, it simply protects the powerful
and wealthy, but does
next to nothing to protect the small and medium businesses and
individuals.

Actually virtually all law works this way when you think about it.


She might also want to watch the one recently about Andrew Mallard,
who despite plenty
of evidence showing his innocence had to fight for years and years to
even get a hearing
or a review.  The corrupt sacks of shit that set him up are still
walking free, unpunished.

Re: New Zealand internet copyright law

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Oh bullshit. Very rich considering that the biggest sqealling pig of a
copyright holder was also the biggest thief of other peoles idea and
slavishly prevents anyone producing another version of the original
material they appropriated.

Re: New Zealand internet copyright law
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Its also strange about how these companies, especially a PC software
wannabe monopolist
who most of the public hate, whine like stuck pigs about copyright
infringement
yet have made staggering fortunes, one even being the US richest man
for a time
despite years and years of this "crying poor about all this piracy
killing their business.."


Most of these whingey "copyright holders" are on about the same level
as Gerry Harvey - "I want to price gouge
- it is my god given right to and how dare there be competition that
ruins my right to do this"







Re: New Zealand internet copyright law
all that is is another  crap internet story , like those crap " true " (
fake) emails...

disconnect  ya from internet for 6 months..
you gotta be retarded to beleive that ,,

how on earth are they gonna stop ya from using wireless.... ???




http://www.itnews.com.au/News/254485,new-zealand-passes-three-strikes-law.aspx



Absolutely shocking - the part about "proving innocence" is a very
large worry, and basically wiping their arses with our legal rights.




The New Zealand Parliament has passed a Copyright and Infringing File
Sharing Bill that could see persistent copyright infringers
disconnected from the internet for up to six months.

Under the new law, rights holders could pay a processing fee to send
infringement notices to alleged copyright infringers via their
internet service providers.

If those internet users were found to continue to breach copyright,
rights holders could bring them before a newly established Copyright
Tribunal staffed by five intellectual property lawyers.

Infringement notices were presumed to be correct and valid, so it
would then be up to accused users to prove their innocence. Those
found guilty of infringement faced fines of up to NZ$15,000 ($11,300).

The bill also included a power for district courts to order ISPs to
disconnect customers for up to six months should the three-notice
process and remedies by the Copyright Tribunal be deemed ineffective.

Intellectual Property lawyer Rick Shera of Lowndes Jordan in Auckland
noted that the new Act did not specify a timeframe for the
disconnection clause to be activated.

The entire new law may also be applied to mobile providers in two
yearsí time, after a government review.

Presumption of guilt could burden businesses, ISPs

According to Matthew Holloway of artists lobby group Creative Freedom
Foundation, the New Zealand Parliament had not studied compliance
costs for businesses.

Citing estimates from NZ internet provider association ISPANZ,
Holloway said 90 percent of the countryís businesses use NAT to
connect their employees to the internet.

NAT devices -- like most home phones -- are incapable of tracking
individual users, which is a practical necessity of the law, he said.

"Proving you didn't infringe does involve tracking all network
traffic," Holloway explained, adding that NAT devices capable of
tracking traffic for copyright monitoring purposes cost in excess of NZ
$1,500.

Telecommunications Users Association of New Zealand chief executive
Paul Brislen said the new law may require organisations to redraft
employment contracts so they could monitor traffic such as email and
web browsing for copyright infringement.

Brislen also asked if ISPs would be required to track repeat
infringers to prevent them from signing up with new providers after
being disconnected.

"How does that leave, for instance, annual contracts that stipulate
early disconnection fees? The new law leaves us with more questions
than answers," he said.

Brislen speculated that the new law may in fact encourage ISPs to
disconnect users upon receiving infringement notices, despite there
being no requirement to do so currently.

"Iíve been told by major providers that this is a likely scenario, as
they donít want to take risks and dispute the infringement notices,"
he said.

According to Pirate Party of Australia acting secretary Simon Frew,
the presumption of guilt was a "flagrant assault on the legal right to
be assumed innocent until proven guilty".

Frew warned that the new law may unduly punish individuals living in
share houses or large families, since one person's copyright
infringement would affect everyone in the household.

"Anyone could be disconnected at the request of the media industry.
This is something that could easily be abused and many innocent people
disconnected," Frew said.



Re: New Zealand internet copyright law
what a load of rubbish..

and this will stop anyone  getting a  usb etc.. wireless  connection  ??????
how...  thought not, ...

there is no way  they can stop you from having a internet connection .. i`ve
set up a few  connections using :  "aliases "

any body can do it.



http://www.itnews.com.au/News/254485,new-zealand-passes-three-strikes-law.aspx



Absolutely shocking - the part about "proving innocence" is a very
large worry, and basically wiping their arses with our legal rights.




The New Zealand Parliament has passed a Copyright and Infringing File
Sharing Bill that could see persistent copyright infringers
disconnected from the internet for up to six months.

Under the new law, rights holders could pay a processing fee to send
infringement notices to alleged copyright infringers via their
internet service providers.

If those internet users were found to continue to breach copyright,
rights holders could bring them before a newly established Copyright
Tribunal staffed by five intellectual property lawyers.

Infringement notices were presumed to be correct and valid, so it
would then be up to accused users to prove their innocence. Those
found guilty of infringement faced fines of up to NZ$15,000 ($11,300).

The bill also included a power for district courts to order ISPs to
disconnect customers for up to six months should the three-notice
process and remedies by the Copyright Tribunal be deemed ineffective.

Intellectual Property lawyer Rick Shera of Lowndes Jordan in Auckland
noted that the new Act did not specify a timeframe for the
disconnection clause to be activated.

The entire new law may also be applied to mobile providers in two
yearsí time, after a government review.

Presumption of guilt could burden businesses, ISPs

According to Matthew Holloway of artists lobby group Creative Freedom
Foundation, the New Zealand Parliament had not studied compliance
costs for businesses.

Citing estimates from NZ internet provider association ISPANZ,
Holloway said 90 percent of the countryís businesses use NAT to
connect their employees to the internet.

NAT devices -- like most home phones -- are incapable of tracking
individual users, which is a practical necessity of the law, he said.

"Proving you didn't infringe does involve tracking all network
traffic," Holloway explained, adding that NAT devices capable of
tracking traffic for copyright monitoring purposes cost in excess of NZ
$1,500.

Telecommunications Users Association of New Zealand chief executive
Paul Brislen said the new law may require organisations to redraft
employment contracts so they could monitor traffic such as email and
web browsing for copyright infringement.

Brislen also asked if ISPs would be required to track repeat
infringers to prevent them from signing up with new providers after
being disconnected.

"How does that leave, for instance, annual contracts that stipulate
early disconnection fees? The new law leaves us with more questions
than answers," he said.

Brislen speculated that the new law may in fact encourage ISPs to
disconnect users upon receiving infringement notices, despite there
being no requirement to do so currently.

"Iíve been told by major providers that this is a likely scenario, as
they donít want to take risks and dispute the infringement notices,"
he said.

According to Pirate Party of Australia acting secretary Simon Frew,
the presumption of guilt was a "flagrant assault on the legal right to
be assumed innocent until proven guilty".

Frew warned that the new law may unduly punish individuals living in
share houses or large families, since one person's copyright
infringement would affect everyone in the household.

"Anyone could be disconnected at the request of the media industry.
This is something that could easily be abused and many innocent people
disconnected," Frew said.



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