Not Signed-In
Which clippings match 'Infringing File Sharing' keyword pg.1 of 1
01 SEPTEMBER 2011

If the download caused no loss to the rights holder, the Tribunal cannot award penalties against the person accused of infringing

"When awarding any penalties or damages, the Tribunal must consider whether or not at the time of the file sharing and copyright infringement the material in question was freely available for sale in New Zealand for New Zealanders.

If the material wasn't available for sale in New Zealand at the time the infringement is said to have occurred, the rights holder cannot claim a loss due to losing out on one or more sales.

If the download caused no loss to the rights holder, the Tribunal cannot award penalties against the person accused of infringing."

(Juha Saarinen)

1). public submission by Juha Saarinen to the New Zealand Ministry of Economic Development regarding the Aotearoa New Zealand Copyright (Infringing File Sharing) Amendment Act.

TAGS

Aotearoa New Zealandcopyrightcopyright infringementdownloading lawethicsfile sharinginfringing file sharingInternet file sharing law • Juha Saarinen • New Zealand Ministry of Economic Development • pirated material • public submissions • rights holder

CONTRIBUTOR

Simon Perkins
01 SEPTEMBER 2011

Aotearoa New Zealand illegal online file-sharing laws pass

"(Apr. 18, 2011) On April 14, 2011, the New Zealand parliament passed the Copyright (Infringing File Sharing) Amendment Bill. (Press Release, Hon. Simon Power, New Regime for Section 92a Copyright Infringements (Apr. 14, 2011) [Press Release 1]; see also Copyright (Infringing File Sharing) Amendment Bill, New Zealand Legislation website (last visited Apr. 14, 2011).)

The bill establishes a new three–notice regime that seeks to deter illegal online file–sharing, replacing the previous approach that was set out by section 92A of the Copyright Act 1994. Section 92A, which was enacted in 2008 but never brought into force, would have required internet service providers (ISPs) to have, and reasonably implement, a policy for terminating the accounts of customers who repeatedly downloaded pirated material. (Press Release, Hon. Simon Power, Government to Amend Section 92A (Mar. 23, 2009); Press Release, Hon. Simon Power, Section 92A Bill Introduced to Parliament Today (Feb. 23, 2010); see also Press Release, Hon. Judith Tizard, Copyright (New Technologies) Amendment Comes into Force (Oct. 3, 2008).) ...

This regime will come into force from September 1, 2011, although it will not apply to cellular mobile networks until October 2013. (Press Release 1, supra.)"

(Kelly Buchanan, Global Legal Monitor, USA Law Library of Congress)

1

TAGS

199420082011Aotearoa New Zealandcellular mobile networkscopyrightCopyright Act 1994copyright infringement • Copyright Tribunal • creative industriesdata regulationsdownloadingdownloading lawethicsfile sharing • illegal online file-sharing • infringing file sharingintellectual property • international legal news • Internet file sharing law • Internet Piracy Bill • internet service providerISP • Judith Tizard • legallegislationLibrary of Congresslicensemonitoringmusic downloadingNational (political party)new technologiesoffenceP2Ppeer-to-peerpiracypirated materialregulationremixsection 92ashare • Simon Power

CONTRIBUTOR

Simon Perkins
Sign-In

Sign-In to Folksonomy

Can't access your account?

New to Folksonomy?

Sign-Up or learn more.