Sunday, January 18, 2009

Three Strikes Regime Strikes New Zealand

It seems that the Labour government of New Zealand has succumbed to entertainment industry pressure to enact a "three strikes" regime that would require ISPs to disconnect "three-peat" offenders.

The new provision, which comes into effect on February 29, 2009, begins thus:
“92A Internet service provider must have policy for terminating
accounts of repeat infringers
“(1) An Internet service provider must adopt and reasonably implement
a policy that provides for termination, in appropriate circumstances,
of the account with that Internet service provider
of a repeat infringer.
“(2) In subsection (1), repeat infringer means a person who repeatedly
infringes the copyright in a work by using 1 or more
of the Internet services of the Internet service provider to do a
restricted act without the consent of the copyright owner.
Here's the whole legislation.

The new provisions are being panned by the NZ media here and here etc. in reportage as a "lose - lose" proposition both for their unsound policy (presumption of innocence, anyone?) and here in an editorial concerning the political process that was used to get them enacted.


PS - more today on the controversy here, including the role of IFPI (international counterpart to RIAA and CRIA) and the push back and request for delay of implementation by the ISPs, including their fear of suits from customers.

PS - In a pattern becoming increasingly familiar, there is evidence of much division and dissension on the "creator" and collective side.

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