By David Farrier
To those who download films, music and television from the internet; Beware – you could be getting a note in the mail.
A new law was passed in Parliament this morning – 111 votes to 11 – meaning copyright holders can complain about specific users downloading their material.
Three warnings and it’s off to a tribunal, where you can be fined up to $15,000 – unless you can prove yourself innocent.
The internet is not happy.
It has always been illegal to hop on a website like Pirate Bay to download a movie or some music tracks for free.
So what has changed?
“The bill makes it easier for these companies to bulk email those who are downloading content and sending them a notice in the mail saying, ‘Stop what you’re downloading’,” says internet writer and blogger Ben Gracewood.
If three of those infringement notices fail to work, the copyright owner can take a complaint to the Copyright Tribunal, which will find against the downloader unless they can prove their innocence. The penalty is a fine of up to $15,000.
If, after two years, the regime is not working, a tougher regime can be introduced which would see people have their internet access cut off.
“The ultimate remedy of termination should not exist,” says Mr Gracewood. “It’s like stopping you from driving if you have a parking fine.”
Online, there has been a strong backlash to the law. Many of those on Twitter are annoyed the bill was rushed through at the same time as the Christchurch earthquake bill.
Others, including seasoned tech writers, are unhappy with what the bill will do.
“From now on, you or I, or anyone, can become copyright criminals without even knowing it,” says Juha Saarinen.
That’s because with so many files online, in many cases it’s unclear who owns the copyright.
“The internet is a big copy machine.”
Others are celebrating the bill – a bill that will stick it to those ruining the movie and music industry.
“There’s a huge amount of illegal file sharing going on in New Zealand – about 150,000 films and TV shows per month. It’s doing amazing harm to our creative industries,” says Tony Eaton of the New Zealand Federation Against Copyright Theft.
But is all piracy bad?
Mr Gracewood doesn’t agree that piracy is ruining the careers of creative people.
“You talk to a huge range of creative people and they love the fact piracy is getting musi9c out in front of listeners. Studies show, on average, people who pirate more music spend more on music – because they have a conscience and buy music if they like it.”
Like it or not, the bill is here. Exactly how many copyright holders will take action is something that will only be seen in the coming months.
3 News