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Kiwi file-sharers to be 'presumed guilty' next month

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Wed, 07 Jan 2009 12:00a.m.

Section 92A of the Copyright Amendment Act is due to come into effect on February 28, 2009

Section 92A of the Copyright Amendment Act is due to come into effect on February 28, 2009

A controversial amendment to the NZ Copyright Act will mean that if a file-sharer is accused of copyright infringement, they are immediately presumed guilty.

The implementation of Section 92A would force the termination of internet connections and websites without evidence or trial, bypassing the right of the accused to defend themselves.

The amendment is open to interpretation, simply stating - “An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.”

The Ministry of Economic Development (MED) told 3 News the law is needed as it would be too time consuming and expensive for copyright owners to take individual users to court.

"While copyright owners can take legal action against those Internet users engaging in infringing peer to peer file-sharing, it is difficult for them to identify any particular user. In addition, they would then have to take the users to court."

"Given the number of users, this would be time consuming and expensive. Section 92A is intended to provide a framework for dealing with infringing P2P file-sharing that has sufficient flexibility to allow ISPs to develop policies that take account of their particular circumstances," said Emilia Mazur of the MED.

Additional questions are being raised over people who share files outside of the home.

If a single file-sharer was tracked to an organisation, school or business - would they get their entire connection culled?

In a joint statement, the Telecommunications Carriers Forum (TCF), InternetNZ, ISPANZ, TUANZ, New Zealand Computer Society and Women in Technology - refer to section 92 as “A deeply flawed law that undermines fundamental rights and simply will not work”.

With the aim of curbing copyright infringements, the proposal is likely to impact everyone from artists and businesses, to everyday web surfers.

An online petition has been set up in the hope of swaying MPs before the regulation is due to come into effect on February 28, 2009.
 
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Comments

18 Feb 2009 01:52p.m.

J wrote:

Freeloaders, why are you all so worried?
Is your stockpile of stolen movies and music gonna come back and bite you?
ahahaha!!!

17 Feb 2009 09:27p.m.

leaveitalone wrote:

another law for the sake of having a law, New Zealand the police state, where freedom is a long lost memory.

09 Jan 2009 12:08p.m.

Brenda wrote:

You don't even need to be a "file sharer" to be accused -- any one can be accused. There's no penalty if the accuser gets it wrong




09 Jan 2009 09:33a.m.

Matthew Holloway wrote:

The online petition can be found at

http://creativefreedom.org.nz/petition.html

and you can read more about it here

http://creativefreedom.org.nz/s92.html

08 Jan 2009 01:24p.m.

Alien wrote:

Hi Steve, if you actually search 3news, you will find this law was passed quite some time ago, it is actually a labour law.

And there were actually submissions on this. It was introduced by Judith Tizard last September. So, it's not the new government who dropped to their knees.

08 Jan 2009 10:16a.m.

Jonathan wrote:

Hang on a sec if the reason for section 92 is "it is difficult for them to identify any particular user" then how on earth is the new law workable?

WTF? Surely for section 92 to work the copyright holder will need to be able to clearly identify the offender to get their connection terminated.

Stop this madness, register your protest: http://creativefreedom.org.nz/

07 Jan 2009 11:01p.m.

Deane, HAMILTON wrote:

Totally agree here. The act was rushed and is full of ambiguity's which will mean it will be to easy to brake the "law".

There was also no consultation and select committee set up to thrash this out. Another under the carpet lets push though before they (us) find out piece of legislation.

Here our freedom of expression and speech have been stopped. They (National) acused Labour of stopping freedom of speach with the Electoral Finance Act.

What hyprocrates. The same outfit want to stop service stations selling adult magazenes.

07 Jan 2009 05:54p.m.

Steve Ferguson wrote:

Wow, it didn't take long for our new government to drop to it's knees in an attempt to appease the big corporations. I thought it was time for change John?
Key that is, not you Mr Campbell, lol.