Aug
4
2011

Three Strikes

Today a new website (and associated social media channels) was launched to provide people and other organisations with information on the upcoming Copyright (Infringing File Sharing) Amendment Act 2001.

The site is well worth a look – 3strikes.net.nz

The amendment comes in to force on September 1st 2011 but the impact of it could well be felt from August 11th onwards in New Zealand because alleged infringements from this date will count . This is because notices for alleged infringements can be sent in the 21 days before the notice.

The law specifically targets online file sharing activity that infringes copyright and places the onus of proving innocence on those accused of offending – the latter part of this I’m none too wild about.

I also feel for Internet Service Providers (ISPs) as they are now going to be lumbered with a lot of extra overheads to manage.

This is because the new law effectively makes them middlemen in a conversation between copyright owners and alleged offenders.

While copyright owners must pay ISPs $25 per infringement allegation I’m sure it won’t cover the real overheads of all that they must do under the new law meaning that in the end I fear we’ll all be paying a bit for for our monthly Internet access.

Another bug bear is that it’s the owner of the Internet account held liable for any infringement regardless of weather or not they actually committed the ‘crime’.

The interesting thing here is the implications for places (such as libraries) that offer free Internet access to customers etc.

Perhaps it’s the start of the death of free wifi?

If you live in New Zealand now is the time to bone up on this legislation and consider what you may do to contribute to the conversation and debate about the value of it in its current state.

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About the Author: Paul Hayton

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