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Rightsholders Sue ISPs for Selling Internet Access
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Category Archives: Copyright
Returning New Zealand Soldier Fined Under Skynet Law
By Drew Wilson
Another person in New Zealand was fined under the New Zealand Three Strikes Law (or Skynet). This time, it was a member of the armed forces accused of downloading unauthorized works. He was fined $255.97 after receiving his third strike notice. The problem? He was serving his country in Afghanistan when the alleged infringement took place.
One of the many general criticisms of the three strikes law anywhere is that it would snag innocent people. In New Zealand, the Three Strikes law is guilt upon accusation, so it could even fine innocent people. That’s what happened to a soldier who was serving a tour in Afghanistan. He returned to New Zealand only to find that he received his third strike for copyright infringement. He was subsequently fined $255.97 because his guilt was simply presumed.
Australian Media Corporation Demands Three Strikes Law
By Drew Wilson
Some media outlets are picking a fight with the Australian government thanks to proposed laws that would increase oversight in the media. The government’s move was triggered by the phone hacking scandal in Britain. While a lot of attention was focused on regulations, the debate has taken a bizarre twist in which media executives are calling for a three strikes law “similar” to France, New Zealand, and the US.
Could Australia be the next targeted country to face intense lobbying to implement a three strikes law? That appears to be a real possibility if the latest reports are any indication. The Financial Review is reporting that Foztel CEO Richard Freudenstein is demanding that the Australian government put in place a three strikes law that is “similar” to France, the US and New Zealand. From the report:
Report: US Six Strike Policy Begins Monday
By Drew Wilson
For months, the six strike rule in the US was always on the horizon, but delays have kept the policy from being enforced. Now, one source is reporting that the six strike rule will begin as early as Monday.
The report comes from the Daily Dot. Here’s an excerpt from the report:
France: Music Sales Continue to Fall After Three Strikes Law
By Drew Wilson
One of the main theories behind the three strikes law is that it would reduce piracy and stop the decline of music sales in the marketplace. France is one of the countries that first put a three strikes law in place for copyright infringement though HADOPI back in 2009. Fast forward to 2013, music sales continued to slide even after the laws were put in place.
HADOPI is one of the laws we’ve been tracking. Last month, procedural error sunk a would-be HADOPI conviction. For those that have followed HADOPI since 2009, that’s just one event in a long list of problems that faced both the law and the enforcement body. Still, that didn’t stop major record labels and movie studies from demanding similar laws be brought in to other countries. New Zealand followed suit with their own version of the three strikes law which was dubbed the “Skynet” law. While there conviction, the major record labels had to spend $250,000 to get a $616.57 fine. While large sums of money may be spent to achieve little results, the three strikes law concept has been dealt with a fresh blow – music sales are slumping even with a three strikes law in place.
New Zealand Three Strikes Law to Be Tested
By Drew Wilson
New Zealand is one of the very few countries in the world to actually put in place a three strikes law. Next month, the law will be put to the test as hearings are set to take place against 11 alleged repeat copyright infringers. While there was originally going to be 17, 6 of these users will not have their case heard in the tribunal.
While the United States is still in the process of trying to implement a so-called “6 strike policy”, some Americans might be grateful that they don’t live in New Zealand where there is a “3 strike law” which not only has disconnection as a consequence, but thousands of dollars in fines as well. There’s been a lot of controversy over the “3 strikes law”. Some of the criticism was directed at the fact that strikes are issued on mere allegations – not proof verified in a court of law. The fact that a mere IP address is used as evidence was also the subject of criticism given that it doesn’t take into account things like WiFi hacking.
False Copyright Notices Subject of DMCA Hearings in US
By Drew Wilson
False Digital Millennium Copyright Act (DMCA) notices have been circulating the Internet for years. While many free speech advocates have said that this problem is putting a chill on free speech and putting into question whether or not Fair Use has any teeth anymore, it seemed that very little was done about it. More recently, the subject of false takedown notices have become the subject of a DMCA exemption hearing.
The Electronic Frontier Foundation recently posted a reminder that current and existing copyright laws in the US have remained problematic. In the example they cited, McIntosh posted a short film about gender roles in the Twilight series and Buffy the Vampire Slayer. Lionsgate, the company that owns the rights to Twilight, subsequently sent a DMCA takedown notice to YouTube, ordering the video be taken down. YouTube, of course, complied with the request.
Reviewing the Comprehensive Economic and Trade Agreement
By Drew Wilson
After reviewing known information about the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Partnership Agreement (TAPA), we now shift our focus to another known threat to the Internet – the Comprehensive Economic and Trade Agreement (CETA).
Like the TPP, CETA has had known leaks of its own in the past. It was these data leaks that have allowed activists to get a glimpse of what the otherwise secretive agreement is really about on some topics. It turned out, it carried the same sort of threats to the Internet as the Anti-Counterfeiting Trade Agreement that died in the European Union after intense opposition.