Should ISP’s pay the enforcement costs of Three Strikes in New Zealand?

Author: Kim Crijns - 17-07-2011

If the answer was up to the Australian Federation Against Copyright Theft, (AFACT), the ISP’s should pay for the enforcement of the Three Strikes Act in New Zealand.

In April, New Zealand passed the Copyright (Infringing File Sharing) Bill, that allows copyright owners to send evidence of alleged infringements to ISP’s, who will then send up to three infringement notices to the subscriber. After three warnings, the internet user can be disconnected from the internet. A NZ$25 charge has now been set, which right holders will have to pay if they want an ISP to process user copyright infringement notices.

Currently, questions are being raised about who should pay for the enforcement of this Three Strikes Act. AFACT is saying that the costs should be put to ISPs, and not rights holders. 

“AFACT notes the New Zealand Government’s approach of a rights holder fee per notice, which is out of step with the more common and preferred practice in other jurisdictions where right holders and ISPs bear their own respective costs,” AFACT said in a statement.

AFACT has been trying to get Australian ISPs to act on their users who are allegedly infringing copyright, recently sending a letter to providers saying that they should act, or expect action. The ISP’s have not yet given a response (as far as I know). 

What the answer to my question (in the title) will be and how the Three Strikes Act should be enforced in New Zealand is not clear yet. There is still some time however to come up with a solution as the bill hasn’t taken effect yet. It will come into effect on the first of September.

Reference: Zeropaid.com

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