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Proposal to give Copyright Tribunal powers to police the net

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The proposals would allow the Copyright Tribunal to punish internet users who repeatedly breach copyright

The proposals would allow the Copyright Tribunal to punish internet users who repeatedly breach copyright

Tue, 14 Jul 2009 12:00a.m.

The Copyright Tribunal would be given the power to punish internet users who repeatedly breach copyright under proposals put forward today.

A discussion document from the Economic Development Ministry and interested parties has recommended a three-phase process to allow copyright holders to pursue those who breach their rights.

The final stage would allow the Copyright Tribunal to order damages, injunctions, fines and the termination of internet accounts for persistent breaches of intellectual property.

In the first instance, a rights holder could complain to the internet service provider which would notify the subscriber.

If there was further infringement, a cease-and-desist order would be sent.

If there was further infringement, the rights-holder could apply to the Copyright Tribunal for an order to obtain the subscriber's name and contact details.

The rights-holder could then serve an infringement notice.

If this and mediation failed, the tribunal would convene and could impose penalties ranging from fines to termination of a user's internet account.

Commerce Minister Simon Power said he wanted a fair and efficient process to address copyright offending.

"Unlawful file-sharing is very costly to New Zealand's creative industries and I am determined to deal with it," Mr Power said.

The previous Labour government tried to set up a code of practice to deal with copyright infringements through section 92a of an amended Copyright Act.

Internet users opposed the changes saying it could force the closure of websites following any accusation of breach of copyright, even if it was not proven.

After trying to find a compromise the code of practice idea was withdrawn after one major internet service provider said it would not implement it.

The Government has repeatedly said it would not allow the internet in New Zealand to become a "wild west" where copyright holders had no rights.

The discussion document today advanced an alternate section 92a and seeks comment by August 7.

NZPA

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Comments [1]

martin
14 Jul 2009 6:29p.m.

Yep well I'm 18 years old and i'm not going to lie, i've downloaded a bit of music and movies myself. I've been downloading music for about 7 years... Are they really going to disconnect the hundreds and thousands of people who download music and movies? I see 8 year old kids and 60 year old elderly people download music and movies illegally, internet companies will lose customers over this. And if you're going to send people to jail, how many more people do you want in jail? theres more 'cyber criminals' than drug dealers, and by cyber criminal it could even mean a simple music downloader, I'd say at least 20% of New Zealanders download music illegally. I know for sure that all the students at my school (1100 students) download music illegally, no doubt about it.

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