Commerce Minister Simon Power drove through the Copyright Bill a few months ago. It gets enacted on 1 September, but as of now (today) illegal filesharing will count towards penalties. Labour supported it in order to keep the termination clause inactive.
InternetNZ (Internet New Zealand Inc) has launched a new website
3strikes.net.nz to help people and organisations get ready for the new copyright law
What’s the new law about?
The law is called the Copyright (Infringing File Sharing) Amendment Act 2011. It amends the Copyright Act 1994 to provide owners of copyrighted works such as movies, TV shows and music a quicker and easier way to penalise people infringing their copyright via online file sharing. The intention of the law changes is to crack down on peer-to-peer file sharing.
You get 2 notices (warnings) and then, following the 3rd notice, the copyright owner can take you to the Copyright Tribunal. Depending upon circumstances, generally the minimum penalty is $275 and maximum $15,000, payable to the copyright owner.
The person who owns the Internet account (account holder) is liable, even if he or she wasn’t the person who broke the law. Allegations of copyright infringement made against you (the account holder) by the copyright owner are presumed to be correct unless you give evidence or reasons why you aren’t guilty.
When does the new law start?
The law comes into force on 1 September 2011.
However, notices can be sent for alleged infringements occurring in the 21 days before the notice. Therefore, allegations of infringements from 11 August 2011 onwards count under the new law.
What’s covered by the law changes?
Only online file sharing that infringes copyright. “File sharing” is defined by the new law as:
- material uploaded or downloaded from the Internet (and) using an application or network that enables the simultaneous sharing of material between multiple users.
- Anything that doesn't meet both parts of this definition is not covered by the new law.
The intention of the law changes is to crack down on peer-to-peer file sharing (see details in
InternetNZ press release). This means using peer-to-peer protocols like
Gnutella and
BitTorrent with peer-to-peer software like uTorrent, BitComet, FrostWire, Ares, LimeRunner, and Vuze.
While the intention of the law changes is to target peer-to-peer infringing file sharing alone, the definitive word on what’s covered and what’s not will depend upon decisions of the Copyright Tribunal and Courts if the scope of the law is ever tested.
Remove unneeded P2P software
Peer-to-peer (P2P) software is used to exchange (download and upload) files between people. P2P allows users to download files such as music, movies, and games using a file sharing software client that searches for other connected computers (called ‘peers’). Similarly, other computers on the Internet are able to search for files on your computer.
Examples of P2P software includes uTorrent, BitComet, FrostWire, Ares, LimeRunner, and Vuze. There are many others and the list keeps changing.
Having P2P software is legal and can be used for many legal file exchanges. However, you need to keep in mind that the new law specifically targets P2P (see details in
InternetNZ press release). Unless you are an advanced Internet user, can manage the risks, and use P2P for legitimate purposes, the law changes makes P2P too risky for most people. Remove all P2P software from your computer. Make sure you remove it completely, including any directories and files associated with the software. This step on its own will hugely reduce your risks from the new law. If you’re an advanced Internet user and decide to continue using P2P, you must understand the risks and take sensible steps to manage them.
Recognise the seriousness and resources of copyright owners
Many copyright owners take detection and prosecution of copyright infringement very seriously. Some like the Motion Picture Association or the Recording Industry Association of America have significant resources and determination to go after infringers. If anything, they can be overzealous so don’t underestimate the seriousness of the new law.
There are many ways that copyright owners detect infringement of their work. Sophisticated technologies include digital fingerprinting/watermarking, automated webcrawlers, and countermeasures.
Three common detection methods used are:
- Using law enforcement and court action internationally to obtain lists of IP addresses of people infringing their copyright
- Setting up fake websites to lure unsuspecting people
- Using third party expert services such as Bay TSP, Peer Media Technologies, and Copyright Enforcement Group
By Jenny Kirk
