AfterDawn: Tech news

New Zealand adopts '3 Strikes' law for pirates

Written by Andre Yoskowitz (Google+) @ 19 Oct 2008 15:59 User comments (22)

New Zealand adopts '3 Strikes' law for pirates New Zealand has become the first country to adopt a '3-strikes' law for Internet pirates after signing the Copyright Amendment Act 2008 this year. The bill will go into effect on March 1st 2009.
The three strikes law, as previously discussed in France and the UK, would give pirates two warnings before kicking them off the Internet for good on a "third strike." The EU recently struck down a bill calling for the three strikes rule and it appears that opposition is growing in New Zealand as well despite the fact the bill has already been signed.

The section of the act signed into law, 92A 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.


Six industry bodies have already voiced opposition to the law however and it appears that the law may be moving towards a rewording. The law would not be repealed however.

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22 user comments

120.10.2008 1:57

NOOOOO!!! God damn why does NZ have to be the first, were normally behind in everything espically internet speed.

220.10.2008 2:37

This Sucks Why Do They Get These Stupid Ideas
Any Body Heard of Net Neutrality

320.10.2008 4:24

any 1 kno whats happens in Australia?

420.10.2008 4:31
SamNz
Inactive

Originally posted by reloadSE:
NOOOOO!!! God damn why does NZ have to be the first, were normally behind in everything espically internet speed.
i guess your also from nz RRAAAAAARRRR what the F*** why they hell do we have these dam laws before the rest of the f***n world,

520.10.2008 4:45

NZ was the 1st place in the world 2 let woman vote. :) yeah i listan in school. sux on that history teacher.

620.10.2008 5:08
13thHouR
Inactive

Can't wait for the first civil suit against an ISP for wrongful termination of someone's internet service.

Time to start spoofing IP's, lets kick up a real S**T Storm. ;-)

This message has been edited since its posting. Latest edit was made on 20 Oct 2008 @ 5:08

720.10.2008 9:20
blueroad
Inactive

wow..hopefully this wud get shot down as swiftly as it rose..dam b/\st/\rds kept it a secret till now as well..

820.10.2008 12:46

blueroad+13HouR=Nobrainer.

Look out everyone-he's back again.

920.10.2008 12:54
varnull
Inactive

NZ peoples.. we kicked this law into touch in the UK by harrassing the MP's with a little bit of legal insight..

Disconnection of a paid service by accusation alone is illegal.. You are innocent until proven guilty IN A COURT OF LAW.. You can't be punished on the word/accusation of another without due legal process to prove guilt... Unless they lock people up in NZ for allegedly drinking coors after dinner or something else petty.

Try that one in the media.

This message has been edited since its posting. Latest edit was made on 20 Oct 2008 @ 13:22

1020.10.2008 18:59

Is this the same for Australia too?

1120.10.2008 19:16

Typical of the Kiwi's, they play spoiled brats with the America's Cup after we win it back fair and square from the Aussies, they won't let us park our nukes in their ports and they have too many sheep.

The problem is they make such darn good...

... hey, what do they make anyway?

1220.10.2008 19:45

Originally posted by Allegro1:


... hey, what do they make anyway?
America's cup crews for all other syndicates & my fav..





































Ozzie rugby coaches :p

1320.10.2008 21:34

Originally posted by reloadSE:
NOOOOO!!! God damn why does NZ have to be the first, were normally behind in everything espically internet speed.
If this works in NZ then i am sure it won't take long for Australia to adopt a similar law and pass it through our parliment system. Something in which i am not looking forward too....

1421.10.2008 0:55

Quote:
Typical of the Kiwi's, they play spoiled brats with the America's Cup after we win it back fair and square from the Aussies, they won't let us park our nukes in their ports and they have too many sheep.

The problem is they make such darn good...

... hey, what do they make anyway
Ozzie coaches like scorpNZ said lmao and what nz exports to the U.S.A is probably lamb meat (mutton) and some milk as well besides that next to nothing. Anyway if this $h*ty law is passed in nz it wont be too long before its used in Australia, USA and England.

1521.10.2008 5:13

On a positive note it could be a cheap (well $0 to be exact) way to get out of a term contract early. :-P

1621.10.2008 8:48

SamNz, that is because you all are lazy slugs! You all deserve the worst!
Let this be a lesson to the rest of you! When the Media Mafia throws money at your law makers you need to fight back or take what you get.

The US and GB have had persons who replied to this thread who worked hard to throw monkey wrenches into the works. I am not sure if all the work in the US will have paid off or not. The US may wait till after elections to vote on a bill they know will be unpopular. Even so we were not flushed down the toilet without a fight and held it off for years. This is the second time the US has repelled the law but the media mafia and M$ have been throwing huge money at the law makers. Many law makers have the top 10 contributors all anti-piracy entities. The rest of the top tens will be banks. That is why they got a sweetheart bailout bill.

1721.10.2008 13:47

Wait till pirates start cracking weak WEP keys or taking over computers. A lot of people will be kicked out without reason.

1821.10.2008 14:37

^ one of the biggest reasons it hasent been effected yet. plus it says "a restricted act" that means distribution not downloading. the government can never tell you what information you can and cannot gather from the internet, all they can legally do is go after the distributors of copy written material (in the US).
i have been leaching HARD for the better part of the last decade, and the only problems i ever had were when i used torrents and seeded a little too long after i had gotten my file (way over 1.0 ratio by accident, ect.)on a major motion picture screener or something. direct downloads are arguably legal in America, it has not been tested in court, all they ever do is go after people who "share", and unfortunately a lot of them were sharing without knowing.

most isp's already have the strikes rule, and unfortunately a lot of them have a TWO STRIKE rule, but it does not apply to downloading, only official complaints from copyright enforcement companies on behalf of big media, and they only go after "sharers" because thats all they can legally do, and recent court ruling in various states have made it effectively imposable or drastically more expensive and time consuming to gather the evidence needed to sue or warn most run-of-the-mill pirates. this is unfortunately going to be used as an argument for sweeping federal copy write law reform, and not in our favor.

1921.10.2008 16:19
Remikan
Inactive

Originally posted by reloadSE:
NOOOOO!!! God damn why does NZ have to be the first, were normally behind in everything espically internet speed.

Touche' good friend

2021.10.2008 16:48

georgeluv, you are right enough for this board. The other problem faced by the bad guys is they need to prove beyond doubt that your were actively distributing. That is hard to do if you are encrypting the streams. Plus you can't be snooping around without just cause and they really can't get just cause without snooping. It is a real hard way to go. The laws actually favor the torrent user more than the Media Mafia. I believe they have even stopped pursuing Kazza and Limewire users. They are a piece of cake vs torrents. THAT is why they funded the reelection campain. If they change the law in the US all that greyness goes right out the window!

The senate has shelved the bill but they may vote on it after the election. They have held off because they know the bill could be trouble. During a 'lame duck' session is the best time to vote against the public. The ones that got voted out don't care. The rest have years for the public to forget.

The US public already forgot Obama and McCain voted to raise the yearly cap on green cards by 200,000 for professional jobs. The bums say we will reeducate you. What they do not say is then we will make sure you can't find a job. No way can a retrained (older) person right out of school compete with some one with 5+ years experiance willing to take entry level pay. Those guys will NEVER get a job.

2123.10.2008 4:44

The ISP's will probably monitor the consumers for like half a year then it will be like drinking age... it will be ignored, theres heaps of 14-18 yr olds getting hammered every friday and saturday night.

This message has been edited since its posting. Latest edit was made on 23 Oct 2008 @ 4:47

2223.10.2008 7:57

reloadSE, they ALL monitor illegally. The key word is illegally. They can't do much with it unless you are in Japan or now New Zealand.

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