New Zealand ISPs receive first notices to enforce 'three strike' law
As of 1 September 2011, the ‘three strikes’ law came into force in New Zealand. Before the law was implemented, many New Zealand ISPs questioned the 'three strikes' approach According to these ISPs, the procedure is too expensive for copyright holders to ask ISPs to send warnings to infringers.
Despite this prediction, ISPs however received the first notices just recently. New Zealands ISP called Telecom confirmed it received 42 notices of copyright infringement. The notices all came from collective society RIANZ, Recording Industry Association of New Zealand.
The ISPs complained about the "three strikes" approach because of the high costs. Copyright holders have to pay at least $ 275, which includes $ 25 per strike and another $ 200 for the procedure at the Copyright Tribunal. When the infringer is convicted by the Tribunal, the infringer should pay damages between $ 275 and $ 15.000. Despite the costs for copyright holders, there are apparently still copyright holders who are not deterred by these amounts and are sending notices of copyright infringement to ISPs.
Unfortunately it is not yet clear whether Telecom or any other New Zealand ISP handed out the first ‘strikes’ to infringers. Nevertheless, the reported 42 notices at Telecom seem to be a good step towards enforcement of the "three strikes" law.
Read more about the ‘three strikes’ in New Zealand on FutureofCopyright.com:
- From now on it’s ‘three strikes and you’re out’ in New Zealand
- Should ISP’s pay the enforcement costs of Three Strikes in New Zealand?
- Kiwis to protest ‘sneaky three strikes legislation
- New Zealand file-sharing bill passes second reading in Parliament
Reference: New Zealand Herald
By: Karen Groen
Comments(3)
lawgeeknz
Not quite - as the tagline suggests, the regime is "3strikes" so an account holder gets three notices FOLLOWING which the rights owner can apply to the Copyright Tribunal for a penalty (payable to the rights owner) of between $275 (3x$25 per notice plus $200 filing fee).
lawgeeknz
... penalty of between $275 and $15,000
Karen
@ lawgeeknz: Thank you for your comment, you are completely right. To clarify: after the third strike it is possible to step to the Tribunal. Each strike costs the copyright holder $ 25 and starting a procedure at the Tribunal will cost $ 200 (total of $ 275). If the infringer is convicted by the Tribunal, the penalty is between $ 275 (to cover the costs of the copyright holder) and $ 15.000. I will adjust my article.
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