Illegal music downloader fined $616
Wed, 30 Jan 2013 9:33p.m.
The first person to be found guilty of illegal file sharing under the 'Skynet' law has been fined $616.57.
The female internet user was fined by the Copyright Tribunal after the Recording Industry Association of New Zealand (Rianz) alleged she infringed copyright for sharing music illegally three times.
On the first two occasions the song involved was Rihanna's 'Man Down', while the last one was 'Tonight Tonight' by Hot Chelle Rae.
The user was sent an initial warning notice by Telecom's copyright infringement team on November 24, 2011, over 'Man Down'.
A second warning notice alleging further infringement of the 'Man Down' copyright was sent on June 19, 2012, and the enforcement notice over 'Tonight Tonight' was sent on July 30.
The user admitted the first infringement, saying she was unaware that downloading the song was illegal.
She denied downloading 'Tonight Tonight', saying that "if I find the person responsible for downloading this through my internet then I will definitely enforce the consequences behind doing so".
Rianz said the user had referred only to downloading but there was evidence the songs in question were uploaded from her account.
Tribunal member Jane Glover said she was satisfied the file sharing took place as alleged.
The $616.57 fine includes a deterrent sum of $360, reimbursement of the application fee to the tribunal of $200, $50 towards the fees paid by Rianz to Telecom, and the $6.57 it would have cost to buy the songs legally.
Fines of up to $15,000 can be imposed for breaking the law.
Rianz said the law was in place to protect the rights of artists, songwriters and those who invested in them to make a living.
"It is disappointing some account holders do not take meaningful action when first advised their connection was being used to flout the law. New Zealanders have one of the best choices of legal digital music services in the world."
Another 11 cases are still before the tribunal.
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4/02/2013 1:40:37 a.m.
"Spotify is currently not available in your country."
iTunes, Amazon and Google Music Store similar story.
1/02/2013 5:12:28 p.m.
I agree with Sophie There's no excuse to steal with the like of Pandora and Spottify around
1/02/2013 4:57:14 p.m.
We need more online music stores in NZ. The only main one is iTunes. What about Google Music Store, when will we get that? If you make it easy to buy music online for not that much, then it will discourage all the effort/risk involved in illegal downloading. Great story Janika. And I agree with Sophie.
1/02/2013 4:46:30 p.m.
RIANZ is right: whether it's a big company or an artist making money from the music, the principle is the same: the person who owns it should be paid for the product they created or own. In the case of music studios: they are simply protecting their investment, like every company does. Gone are the days of huge profits, and there are many people working in music who rely on the industry for work. Give me a break: the pirates are still essentially stealing. If you want free music, go to Spotify or something. Then it's fair.
1/02/2013 9:31:33 a.m.
What a joke.If the geady record companies sold their music at a fair and reasonable price, i'm sure a lot of these file sharing people would desist.
31/01/2013 1:22:27 p.m.
$616 for a $6.57 CD? Overkill don’t you think. When the law behaves like an ass, as in this case it is no wonder some treat it with contempt.
31/01/2013 8:59:04 a.m.
Thank god 'poor starving artist rihanna' gets her share of 99cents. Everyone should go back to taping songs off the radio.
31/01/2013 6:44:41 a.m.
I thought this was brought in to protect NZ artists?
31/01/2013 5:34:10 a.m.
If Miss rich bitch, Rihanna, is so money hungry she has to stoop to this length maybe people should start a campaign here in NZ to totally ban her music and not purchase any of her releases. With the publicity it would get it just might deter other artists from following the same path. Might even spread from here then the music industry would have to rethink its policy.
31/01/2013 12:51:57 a.m.
Amazing. This is more than the fine most would receive for shop lifting, burglary, motoring offences...name it. All so millionaires can stick more white powder up their noses.
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