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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
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