No action for copyright tribunal
May 31st, 2012 at 11:56 am by David FarrarThe Herald reports:
The first “three strikes” notices issued to alleged internet pirates have not resulted in action before the Copyright Tribunal, where the accused could have been slapped with a fine of up to $15,000.
Both TelstraClear and Vodafone confirmed last month they had sent a “enforcement” notice to a customer at the request of the Recording Industry Association of New Zealand (RIANZ), which represents music and recording artists.
Under a law passed last year, internet providers are required to issue warning and enforcement notices to customers suspected of illegally downloading copyright content – such as movies or music – if a copyright holder requests it.
After a third notice, rights holders can bring a case before the Copyright Tribunal, which can fine an offender up to $15,000.
But according to intellectual property lawyer Rick Shera, a third notice (the “enforcement” notice) expires after 35 days and rights holders can only file action against an accused within that time.
I understand that in one of the case the “downloader” has contacted RIANZ and presumably reached some sort of agreement not to proceed. This is sensible, but it will be interesting to see what happens if a case ever does reach the tribunal to see what level of proof is needed, and what defence if any is put forward.
Related posts:
- Copyright Tribunal case withdrawn
- The first three copyright infringing cases
- The first copyright third strike
- $25 cost set for copyright complaints
May 31st, 2012 at 12:32 pm
Interesting that the Motion Picture people have not used the system – they philosophically object to paying $25 to the ISP’s to send out the notices and are presumably lobbying the Government to drop this fee to $0.
Vote:May 31st, 2012 at 12:46 pm
Even more exciting is that Dotcom has filled in the USA to have his charges to be dumped. Given the wins in the last few court sessions her including having access to all his files it looks like the FBI are stuffed. And rightly so.
Dotcom’s lawyers ask for charges to be dumped
Thursday, 31, May, 2012 11:58AM
Kim Dotcom’s legal team has filed papers in the US asking for a court to throw out charges against his company Megaupload.
The internet mogul awaiting an extradition hearing to the US in August.
The Washington Post reports that Dotcom’s lawyers are arguing that Megaupload can’t be held criminally responsible for for copyright infringement by users.
Which is inline with our law over the copying of files.
Here is the latest http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10809796
Vote:May 31st, 2012 at 12:49 pm
Looks like a cock up for the FBI and our Police. Are we surprised?
Will the Minister, the Attoiurney General and the solicitor General be held accountable.
Doubt it but its a pound to a pinch if shit that the taxpayer has been and will be even more before this is all finished.
Vote:May 31st, 2012 at 1:50 pm
Viking2,
But is it a cockup? His website was one of the largest on the internet and it has been shut down for months and users have lost access to their files. Regardless of what happens to Dotcom legally he has effectively incurred a great loss and it is doubtful his company will ever be the same. That’s a win for the entertainment monopolies of America.
Vote:May 31st, 2012 at 2:00 pm
I’ve often wondered, if I torrent a computer game that I own and use my product key to install it, have I broken this law?
Vote:May 31st, 2012 at 7:39 pm
Weihana. Do you thnik that his epople are going to sit back and aquiese to the Govt agencies. If they win which they should then the battle for compensation starts. Which means youse and me’s and the American Taxpayer.
Vote:It also means he can restart mega. Actually he may well have a much better deal waiting.