New Zealand Reworks Three Strikes Plan

December 16, 2009 -

New Zealand will introduce new legislation to Parliament in 2010 seeking to address the illegal downloading and sharing of copyrighted material over the Internet.

Commerce Minister Simon Power indicated that his government favored a three-strike process for infringers, which is outlined in a Cabinet paper (PDF). The new proposal adds in full court hearings and possible fines, replacing a previously proposed measure, which drew criticism, that would have allowed suspected infringers to have their Internet connections terminated without any court oversight.

The new and reworked plan, which usurps the earlier proposed legislation, consists of first allowing rights holders to request that Internet Service Providers (ISPs) give alleged infringers notice to stop their illegal activity. A first notice would warn of infringement and could be followed by up to two more notices.

Following the third notice, the right holder could seek penalties of up to $15,000 at a Copyright Tribunal. If “serious and continued” infringement is continued, rights holders could request a court hearing that might include a six-month Internet account suspension. Those accused can issue counter notices and can also request a hearing.

Powers said that he was, “confident we now have a workable solution.” He added, “A great deal of work has gone into finding a fair, effective, and credible process for the enforcement of copyright against illegal peer-to-peer file-sharers.”

As part of the proposed plan, ISPs will be required to identify an IP address and match it to an account holder, retain subscriber Internet use data for 20 working days and retain data on infringements for a minimum of 12 months.


Comments

Re: New Zealand Reworks Three Strikes Plan

of course they will abuse it urghh what we need is a counter legislation that forces them to create quality products and sell them for what their worth aswell as allowing us to own what we buy (NOT RENT) and sell/trade it if we want to

and to not lie about how good their product is how many games have been absolute SH*t but been lorded as the best thing EVER

OH WOW the graphics are amazing NO ONE makes them this good your gonna love it we spent so much time making this sooooooo awsome we love what we made
 

and then you play it and and URGHH

... ok that was childish of me sorry ahem

Re: New Zealand Reworks Three Strikes Plan

And now we come back to the pirate flame war.  The media developers don't owe you shit.  Stop acting like they do.  If you choose to pay for something, it's your fault if you don't like it and nobody else's.  Maybe you should have done some more research.  As for trading, if you still have a physical copy of what you traded, that's not trading, that's copying.  Copying is illegal, with archival copies being a limited exception.

---

You KILL Vampires. You don't DATE them.

--- With the first link, the chain is forged.

Re: New Zealand Reworks Three Strikes Plan

I hadnt slept in awhile when I said that ... still I dont think its so much to ask for them to be actually honest and not just HYPE HYPE HYPE

Re: New Zealand Reworks Three Strikes Plan

This is going to get abused quickly. It may be more fair, but the media companies have too much pull for it to not get abused. Most likely by labeling even the legal use of a torrent client as a strike.

Re: New Zealand Reworks Three Strikes Plan

Not so, because the media company would have to prove illegal activity.  Legal use of a torrent isn't illegal.

---

You KILL Vampires. You don't DATE them.

--- With the first link, the chain is forged.

Re: New Zealand Reworks Three Strikes Plan

Well this draft is much more fairer then the last one I'll give them that.

http://www.magicinkgaming.com/

Re: New Zealand Reworks Three Strikes Plan

I'm curious to know exactly what magnitude must be commited to recieve a response.

I mean, if it's one of those people downloading hundreds of things, and selling them, yeah, nail them with a strike (figuritively, not a SWAT team strike).

But what about the little things?

I won't lie, i've done it before, downloaded the Silent Hill Homecoming soundtrack (couldn't find it anywhere here in the US to legally buy it, though that is no excuse, and i felt horrible about it).

Would the 12 or so songs make a big enough blip? how about just a single one?

Re: New Zealand Reworks Three Strikes Plan

This is part of the problem, from the point of view of the copyright holders, so much as humming a copyrighted tune whilst vacuuming should earn them money, and if your kids hear and you don't have a performers license, you're probably breaking the law.

It's ironic because I've recently had to download some pretty obscure stuff that I couldn't pick up from shops (Bands like The Electric Love Hogs, the original band of Goldfinger's lead singer), and the truth is, if I hadn't downloaded it, the very people complaining about me downloading it would not have printed a special version just for me, or rather, if they had, they would have charged me a fortune for it. Same as you, I'm not a big fan of heavy downloading, bit it does seem to me that their criteria for 'downloading illegal software' is providing traffic to a Torrent site. If this is the case, what happens when I try to download my Eve client via torrents, for the Freespace 2 SCP via torrents, both of which are 'legal', do I get branded as a criminal purely for being in the same room?

Re: New Zealand Reworks Three Strikes Plan

Scary 

Re: New Zealand Reworks Three Strikes Plan

Actually this is far more reasonable than what they originally wanted. They originally wanted to put the internet connection termination in the power of the Copyright holders and the copyright holders alone.

This is a much more fair method. Now copyright holders have to prove infringement in court before internet connections can be cut.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

 
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Matthew WilsonI know most of my friends first saw robotech when it was on Toonami in the mid 90s, but it is possible that a fan who watched it in the 80s are in a position to do it.03/27/2015 - 1:04pm
Andrew EisenRobotech was mid 80s. Fans of the show (who were kids when it aired) are my age and older.03/27/2015 - 1:01pm
Matthew Wilsontiming. anime only really became widely known in the US in the mid 90s. if we assume it was mostly kids watching it, they still wouldnt be high enough in managment to be given full creative control yet. it would still be another 5 to 10 years for that.03/27/2015 - 12:59pm
Andrew EisenI agree. Now what makes you think that there is no one in power who cares about (or has the ability to) make a good adaptation?03/27/2015 - 12:47pm
Matthew Wilsonits not about pratice, it is about people who understand it getting in to positions of power.03/27/2015 - 12:34pm
Matthew Wilsonallot of the comic book characters that have been turned in to good movies started in the 70s or earlier.03/27/2015 - 12:32pm
Andrew EisenWell, if it really does take two generations of practice to get it right, we'll never get good live action adaptations of anime if no one starts making them.03/27/2015 - 12:31pm
Andrew EisenWhat have you seen that would make you say that?03/27/2015 - 12:30pm
Matthew WilsonIt took 2 genarations of comic book reader before we got good comic book movies. I imagine that will be the case for anime as well.03/27/2015 - 12:28pm
Matthew Wilson@AE yes if they have people that understand the content give it a shot, but as far as I can tell that does not look like it is happening in this case.03/27/2015 - 12:26pm
Andrew EisenI understand the skepticism but I don't think "this will never work" and "no one should even bother" are very healthy attitudes.03/27/2015 - 12:11pm
Andrew EisenWhy would you doubt that? A lot of writers are my age and older, the perfect age to be fans of the content. All I'm saying is it's not impossible to get a good Robotech movie. In fact, it's more likely today than any other time.03/27/2015 - 12:11pm
Matthew Wilson@AE the difference is in the case of marvel the writers and directors clearly understand the source content. I doubt many of any of them are that way with robotech, or any anime for that matter.03/27/2015 - 11:10am
MaskedPixelantehttp://www.playstationtrophies.org/news/news-15838-Sony-Cuts-the-Price-of-PlayStation-TV-Today.html Sony cuts the price of the Vita TV in the UK, still wont force developers to make their stuff compatible with it.03/27/2015 - 10:49am
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