[x-pubpol] NZ: Copyright 'three strikes' first infringer?

[Joly MacFie]

http://www.stuff.co.nz/technology/6760917/Copyright-three-strikes-first-infringer

by TOM PULLAR-STRECKER

A TelstraClear customer may be the first to be hauled in front of the
Copyright Tribunal and fined for internet piracy under the
controversial "three strikes" copyright regime that came into effect
in September.

TelstraClear spokesman Gary Bowering said it issued a third and final
"enforcement" notice to a customer on Thursday for allegedly pirating
music, after being instructed to do so by the Recording Industry
Association of New Zealand.

Bowering said TelstraClear could not comment further as the matter was
now out of its hands.

The alleged pirate will have until Thursday week to dispute the
enforcement notice.

If they fail to do so, or if Rianz rejects their challenge, the
association will then have 35 days in which to decide whether to ask
the Copyright Tribunal to take action.

The tribunal can impose a fine of up to $15,000 for serious, flagrant
offences under the law, which was designed to discourage people from
pirating music and movies using file-sharing services.

However, the Government signalled in a Cabinet paper last year that in
some cases it might be sufficient punishment for offenders to
reimburse rights holders for the $275 in fees they will have had to
incur bringing a case to the tribunal. It has no powers to cut off
people's internet access.

Rianz would not confirm whether it intended to make an example of the
TelstraClear customer. Esmee Dunlop, of its public relations company,
Pead PR, said the association would "not normally comment on anything
copyright related".

The association is understood to have issued hundreds of infringement
notices to internet users for music piracy, and a Justice Ministry
spokeswoman said last month that it believed "a number" of people had
received second "warning" notices.

But this is believed to be the first time the association has scored a
vital "third strike".

Unlike Rianz, the New Zealand Federation Against Copyright Theft
(NZfact), which is owned by the United States Motion Picture
Association and represents movie studios, has decided against asking
internet providers to issue infringement notices to customers on
behalf of its members.

That is because of the $25 fee they must pay internet providers to
issue each notice. There is an additional $200 fee to bring a case
before the tribunal.

Those fees are now being reviewed by the Economic Development
Ministry. NZfact chief executive Tony Eaton said they should be done
away with.

Telecommunications Users Association chief executive Paul Brislen said
it was "vitally important" people lobbied the ministry not to reduce
the fees.



WALKING THE PLANK

Step 1: Copyright owner detects an infringement and sends the internet
protocol (IP) address to the relevant internet provider, which
forwards a "detection notice" to their customer.

Step 2: A second infringement between 28 days and nine months later
against the same owner or one represented by a shared body triggers a
"warning notice".

Step 3: A third infringement between 28 days and nine months later
will result in an enforcement notice and the internet provider must
forward the customer's details to the Copyright Tribunal if asked to
do so by the copyright owner, who then has five weeks to decide
whether to take action.

Internet users can challenge notices, through their internet provider,
adding an extra step and delaying the process slightly, but notices
will stand unless withdrawn by the rights holder.

Step 4: The Copyright Tribunal can impose a fine of up to $15,000
after examining written evidence, or after a hearing if that is
requested.

- © Fairfax NZ News


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