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New Zealand 'reconsidering' three-strikes law

29 March 2009 21:09 by Andre "DVDBack23" Yoskowitz | 10 comments

Last October, New Zealand adopted a '3 Strikes' law for pirates, meaning alleged pirates are given two warnings before having their Internet shut off.

The bill, reads as follows:

Internet service provider must have policy for terminating accounts of repeat infringers
(1) 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.
(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.

This week however, the New Zealand parliament has agreed to "reconsider" the bill before it goes into effect at the end of the month.

Adds Danny O�Brien, the international outreach coordinator at the Electronic Frontier Foundation (EFF): �One of the things about the Digital Millennium Copyright Act is that it�s got these rather strong enforcement mechanisms, but U.S. copyright actually has quite a lot of room for maneuvering for normal users. In the U.S., it was assumed that repeat infringers would be people who are tried in the court of law. And in New Zealand, though similar language was transposed, that was not the way it was read. The outcry has been so great that the New Zealand government has said, �Look, we�re not going to enforce this, so we�re going to go back and rewrite the law.'�

We will keep you updated.

Permalink to this article

Proposed UK law would force ISP sanctions against file sharers (20 November 2009)

'Three strikes' law passes in France (12 May 2009)

Taiwan passes 'three strikes' anti-piracy law? (29 April 2009)

Two Swedes arrested for copyright infringement (4 April 2009)

Action video games improve eyesight, says study (29 March 2009)

'Three strikes' laws will be expensive for ISPs (6 March 2009)

'Three strikes' law shut down in Germany (3 February 2009)

'Three strikes' piracy laws coming to Italy? (22 January 2009)

'Three strikes' plan is struck down (27 September 2008)

Carphone Warehouse will not comply with 'three strikes' copyright plan (6 April 2008)

Virgin Media gives pirates "three strikes and you're out" alternative (31 March 2008)

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Discuss this article!
DXR88 (Senior Member) 29 March 2009 21:14
If ISP's were smart they would tell, RIAA/MPAA to shove there over costly idea's where the sun don't shine. if we ever have technically inclined people in the senate instead of old geezer's, i await the day someones laughs in there face. [ + quote] This message has been edited since posting. Last time this message was edited on 29 March 2009 21:16
windsong (Junior Member) 29 March 2009 23:10
*Originally posted by DXR88:* if we ever have technically inclined people in the senate instead of old geezer's, Will never happen. Senators, like all politicians, are LAWYERS, not IT specialists, programmers or even Ars Technica readers. Their job is to legislate, then take other people's money..in taxes. They are THIEVES. [ + quote]
djgizmo (Junior Member) 30 March 2009 3:58
I cant imagine that NZ has that much problem with piracy. Everyone I know that lives there has shitty bandwidth (less than 2Mbs) and a cap to boot. [ + quote]
kiwi1 (Member) 30 March 2009 5:40
This bill was officially canned two weeks ago. btw NZ has lots of ADSL2+ now around the main centers. [ + quote]
JorDogg (Member) 30 March 2009 22:15
*Originally posted by djgizmo:* I cant imagine that NZ has that much problem with piracy. Everyone I know that lives there has shitty bandwidth (less than 2Mbs) and a cap to boot. 20GB cap at the moment, and the speed isn't too bad if you live right by the exchange in the main citys. With movies and TV series hitting DVD and up on torrent sites in the states before they come out in theatres here its all too tempting to just download them. [ + quote]
scorpNZ (Senior Member) 31 March 2009 4:52
*Originally posted by kiwi1:* This bill was officially canned two weeks ago. btw NZ has lots of ADSL2+ now around the main centers. Lots do we,news to me since i'm in Auckland & the schedule for start of ADSL2 rollout is sometime around 2012 for Manurewa,now that's when they think they'll start rolling it, however it could be like it was for DSL & add another year,from memory the roll out only started early last year so there's along way to go. As for the piracy law it was never going to pass in it's present state [ + quote]
kiwi1 (Member) 31 March 2009 5:09
*Quote:* *Originally posted by kiwi1:* This bill was officially canned two weeks ago. btw NZ has lots of ADSL2+ now around the main centers. Lots do we,news to me since i'm in Auckland & the schedule for start of ADSL2 rollout is sometime around 2012 for Manurewa,now that's when they think they'll start rolling it, however it could be like it was for DSL & add another year,from memory the roll out only started early last year so there's along way to go. As for the piracy law it was never going to pass in it's present state Im going to assume your with telecom. Orcon have done most of auckland long ago and are flat out unbundleing the rest of the country. Im in little pukekohe and get 10mb down/850kbs up 25GB plan, extra data over 25GB is $1 per gig, no slow down. look here for orcons ADSL2+ coverage (purple areas) http://www.orcon.net.nz/home/page/about_orcon_plus I notice there is a lot of purple around Manurewa :D [ + quote] This message has been edited since posting. Last time this message was edited on 31 March 2009 5:24
scorpNZ (Senior Member) 31 March 2009 14:35
*Quote:* *Quote:* *Originally posted by kiwi1:* Im going to assume your with telecom. Orcon have done most of auckland long ago and are flat out unbundleing the rest of the country. Im in little pukekohe and get 10mb down/850kbs up 25GB plan, extra data over 25GB is $1 per gig, no slow down. look here for orcons ADSL2+ coverage (purple areas) http://www.orcon.net.nz/home/page/about_orcon_plus I notice there is a lot of purple around Manurewa :D looks like i'm gett'n a new provider [ + quote]
Mez (Senior Member) 2 April 2009 8:31
The beauty of the 3 strike law is they were hoping not to have to prove anything. Anything that addresses millions of possible offenders can't take much more effort than a letter. DXR88, the ISPs are far smarter than that. Mine is all for 'helping'. They have agreed to send out letters for the media mafia but they want to be compensated 'fairly' for their effort. They have been in negotiation for months and it will never be resolved. The media mafia will never cough up a fair compensation. My ISP knew that all along. The MM is pure sleaze. My ISP can say they are bending over backwards to help but not do a thing. As long as P2P helps their business and doesn't hurt it they are not going to let the sleazeballs interfere with their business. They will just appear to be helpful. [ + quote]
pmshah (Newbie) 8 April 2009 21:43
From what I have read I feel we in India are much better off. I don't have the best of services - 2mbps down, 512 kbps up, for both http and p2p - UNLIMITED USAGE from 9.00 pm to 9.00 am for equivalent of NZ$ 12/= per month. To top it all we have dynamic IP for most part which makes it quite difficult to track. The best part is ISPs don't care what we do !!! [ + quote]