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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E. Zachary KnightGoth, they could have fooled me.03/05/2015 - 11:16pm
Goth_SkunkI don't understand. GamerGate supports an open, diverse gaming community for all as well. Google's statement is contradictory.03/05/2015 - 10:59pm
TechnogeekAnd as far as the Card thing went, I basically balanced it out personal guilt-wise by donating an amount equal to the Shadow Complex purchase price to the ACLU.03/05/2015 - 9:44pm
TechnogeekWelp, look like the Gerberghazi crowd is going to have to use Bing now. https://twitter.com/googlecloud/status/57365320825126093003/05/2015 - 9:42pm
Goth_SkunkAhh! I misinterpreted your statement about being left with almost every game in existence. I interpreted it as 'If you boycott games he's been involved with, you're boycotting almost all of them.'03/05/2015 - 9:31pm
Andrew EisenGoth - Card has been involved with only a small handful of games so if one were to boycott games for his involvement, they wouldn't be missing out on many games.03/05/2015 - 9:29pm
Goth_Skunk@Craig: Only if you're not interested in seeing it end.03/05/2015 - 9:27pm
Craig R.Instead of calling people the "anti gamergate faction", you could just call them "sane"03/05/2015 - 9:23pm
Goth_SkunkWhat do you mean 'almost every game in existence'? Card is a writer, not a game developer.03/05/2015 - 9:18pm
Andrew EisenBut I too wonder how many people who cry boycott actually follow through. I vaguely remember a few years ago a bunch of people boycotting one of the CoD games and were all found playing it on Steam.03/05/2015 - 7:53pm
Andrew EisenAn interesting quandary but not equivalent as boycotting games that Card was involved with leaves you with... well, almost every game in existence.03/05/2015 - 7:51pm
MechaTama31I agree that it's silly to avoid buying a game because one person involved with it said some things you disagree with. But I wonder how many of the people calling it silly this time have boycotted games for, say, Orson Scott Card's involvement?03/05/2015 - 7:40pm
PHX Corphttp://www.myfoxphilly.com/story/28274296/officer-injured Officer In Critical Condition Following Shooting Inside North Phila Game Stop03/05/2015 - 6:55pm
WonderkarpThe Shutup was a quick interjection saying "HEY! EVERYBODY SHUT UP AND LOOK AT THIS!" and I got the Critical Condition from a Local news site. I linked TMZ.03/05/2015 - 6:49pm
Andrew EisenThey call me The Jaws of Life.03/05/2015 - 6:48pm
Goth_SkunkThat's terrible. Now that it's been noted, can we return to Andrew's amazing steel-tearing teeth?03/05/2015 - 6:42pm
Andrew EisenWell, sucks that that happened and I'm glad he's alright (nothing in the article you linked says he's in critical condition) but there's no need for anyone to shut up.03/05/2015 - 6:41pm
WonderkarpEVERYBODY SHUT UP! Harrison Ford is in Critical Condition After A Plane Crash!! D: http://www.tmz.com/2015/03/05/harrison-ford-plane-crash-landing-golf-course-santa-monica/03/05/2015 - 6:38pm
Goth_SkunkIt ruined my joke about your billionaire lifestyle affording you state-of-the-art dentistry. I longed to see you fill your mouth with steel-tearing jaws.03/05/2015 - 6:32pm
Andrew EisenYep, typos happen. Even on the invoices I send for my freelance work. Yeah, that's always super embarrassing.03/05/2015 - 6:29pm
 

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