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Kiwi 3 Strikes Anti-Piracy Bill Receives Unanimous Support

As the music and movie industries tour the world lobbying for changes in the law in an attempt to slow down online piracy, New Zealand’s legislation moves a step closer to becoming law. The Copyright (Infringement File Sharing) Amendment Bill, which allows for large fines and six month Internet suspensions, has just received its first reading in Parliament, to unanimous support.

Back in 2008 the New Zealand Government proposed the introduction of new law to combat illicit file-sharing. Section 92A was immediately the subject of protest from several corners which led the Government to go back to the drawing board.

Commerce Minister Simon Power later introduced The Copyright (Infringing File Sharing) Amendment Bill which replaced the earlier proposals with a modified regime to deal with illegal file sharing.

In common with efforts by the entertainment industries to change the law around the globe, the major feature of the Bill is a so-called “3 Strikes” regime which will enable copyright owners to claim damages and make requests to the District Court for infringers to be disconnected from the Internet for up to six months.

The Bill will extend the jurisdiction of the country’s Copyright Tribunal, which will hear both sides – rightsholders and file-sharers – and will be empowered to rule on cases of alleged infringement.

Yesterday the Bill, which will also allow fines of up to $15,000 ($10,500 US) to be handed down to file-sharers, received its first reading in Parliament.

It received unanimous support.

“The Copyright (Infringement File Sharing) Amendment Bill sets up a fair and balanced process to deal with online copyright infringements,” said Commerce Minister Simon Power in a statement.

“The three-notice process ensures that file sharers are given adequate warnings that unauthorised sharing of copyright works is illegal, at the same time as providing effective methods for copyright owners to enforce their rights,” he added.

The Bill has now been referred to the Commerce Select Committee and will report back to Parliament in six months.

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  • Konsti

    Tough luck for Kiwis…

  • Carlie

    There’s a pattern! France, UK, now the kiwis…

  • Anonymous

    for gods sake, if this bill goes through i am leaving the country, this is simply retarded,

  • Anonymous

    Time to start thinking about a VPN, kiwi’s!

  • ralonto

    How many members does the kiwi parliament have? It must have cost them a lot to convince all these people!

  • duane

    I *cannot* stand it when these incompetent nincompoops dare to use the words “fair and balanced” when referring to such legislation.

    First they set up a copyright regime that is anything BUT “fair and balanced” and then create laws to fortify it and say they are “fair and balanced”.

    Seriously…

  • RIAAFAIL

    FAIL FAIL FAIL. WHAT ELSE CAN I SAY?

  • Anonymous

    @TorrentFreak

    Please fix your RSS Feeds

  • @ duane

    It’s called double talk, in the Orwellian way.

    Also, “Fair and Balanced” is how fox news present their news.
    So I guess all is said ;)

  • The Doctor

    Glad I left New Zealand a long time ago straight after university. And this is one more reason for expat Kiwis never to return.

    A shame for the country that, as it means they will never recover any of my outstanding student load :-)

  • Mike

    Uhhhh.
    So just to be clear, is the law for downloading or shearing the files?

    I love New Zealand, but I HATE our internet [very slow]

    Thanks,

  • AnarchyNow

    Long live king Peter Jackson the 1st king of NZ, after being the most overrated movie director of the 21st century!
    Congrats to all who still believe they live in a democracy, your illusions have been destroyed one more time.
    Death to all billionaires, they’re just psychotic mass-murderer and mass-thieves!

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  • Matthew

    As a NZ Waikato uni law student, it really frustrates me that it passed its first reading. It goes against so many principles of democracy

  • yes

    world’s a little better place to live now…

  • Anonymous

    I think it’s safe to say these politicians have either been bought or are completely incompetent. My guess is 99% cannot grasp the enormous complexity of the internet and are happy to believe whatever their told by some lobby. It’s been happening around the world. Lobbies organizing to change as many laws as fast as possible.

    I cannot believe anyone has the balls to put into law the ability to take away someones internet access (the biggest information tool known to man) for simple file sharing. Did someone title this article wrong? Are you sure it’s not china were talking about?

  • Ninja

    Democracy RIP. Money rules all.

    Again, disgusting. I Hope they don’t succeed here. There were talks about such law but it was so absurd that it was shot down. But MAFIAA cooks it slowly so we should be seeing another attempting sooner or later.

  • Hello there

    We’ll see how successful this BS is when governments have to actually start telling ISPs to disconnect >20% of the population.

    I suggest there’ll be at the very least a massive cyber-’terrorist’ attack on the governments in question. At the other end of the scale there may be rioting in the streets.

  • anon2

    @#14. yes, 99% are happy to believe whatever their told, as long as it is an industry or company that is telling them. if anyone else tells them anything, it is regarded as being bullshit, sour grapes, incorrect information or, more often than not, lies! there is no truth whatsoever in the rumour that ‘crossing some palms with silver’ makes any difference at all (wink wink)!!

  • GoodNews

    On a brighter note, in exchange for all this measures, NZ, will now be allowed to enter the rank of less pirate countries.

    And from now on, everyone in NZ will pay for every music they ear, every clip on YouTube, etc…

    Even the polititians families, are right now deleting and formatting hard-drives, cleaning the shelves of CD’s and DVD’s, to make room for all the OLD hits they are going to buy from the stores that closed 10 years ago.

    Yay!!! Everyone is happy now!!!

  • me

    Yawn. This MAFIAA-sponsored 3-strikes regime is all the rage nowadays. Why would NZ be any better than the rest? They’re part of the Copyright Cartel too, and have fallen for the Dark Side of the Force. Enjoy Darth Vader and the Emperor.

  • Matt

    kiwis, don’t take this sitting down. write to your ministers and try to educate them as to what’s going on if you can.

  • Kiwi

    It’s all good.

    Once this becomes law I’ll just shift my DVD budget and Sky Subscription to paying for a VPN in a foreign country and I’ll have change for a case of black label Jim Beam.

    Us kiwis are an apathetic lot, but we’re pretty good at realigning our finances to completely negate dopey laws.

    Roll on 2020.

  • anonymous

    just waiting to see who is the first government official, MP or similar that is caught doing the same thing as everyone else, the same thing as they have probably been doing for just as long as everyone else and to what extent the entertainment industry and the persons bosses will go to try to cover up what has happened and who it happened to. i hope they remember that NOTHING can stay hidden forever and ALL information is retrievable from the internet!!

  • sdwerr

    If you put “A GE” and “MIN GLE” together, then you will get the url.

    It’s a nice and free place for Younger- Women and Older Men, or Older Women and Younger Men, to- interact with each other. Maybe you wanna check out or- tell your friends

  • Surys

    Decentralisation and peer-proxies will make all the MAFIAA-influenced laws in the world worth little more than the paper they are printed on.

    Lot’s of money and time wasted on laws that technology and ingenuity will circumvent with ease.

  • Anonymous

    Politicians, you will pay the price for that unanimous support!

    Disgusting douchebags.

  • Pinacle

    Fools keep spending $$$ on your BS tactics and then complain that your losing money, hahahaahah FOOLS!.

    http://www.twilighttorrents.net

  • dncholas

    Is anyone else having a problem with posts not appearing?

  • lol

    On a principle level, this is tragic news and the end of free internet is soon to come..

    On a physical level it really doesn’t matter.. even in the slightest.

    Its pathetic that men in power are this foolish and simple minded.. but its also comforting that they think the problem is handled. If this is the best they can do… file sharing will continue forever.

  • Anonymous

    I don’t think that New Zealand produces alot of creative material, perhaps apart from a few bands like Crowded House.

    Seems that this law was passed to make Kiwis pay more for foreign-produced films and music.

    Oh well, I’m sure they will do it as I have heard that NZ is really boring and there is nothing else to do apart from drink beer and watch movies ;)

  • Anonymous

    “Oh well, I’m sure they will do it as I have heard that NZ is really boring and there is nothing else to do apart from drink beer and watch movies ;)”

    Are you kidding me?

    NZ is a beautiful country!

    Just get your ass off your sofa and go hiking, swimming, diving, mountain climbing, and cross country skiing. So many stuff one ca do in NZ!

    One just have to get ride of the corporate parasites just like anywhere else and all will be fine.

  • DO NOT FEED THE TROLLS

    @ neobaby, 6.6 terabytes worth sunshine and I reckon most pirates worth their salt has enough content to last forever.

    Mwahaha.

  • anon

    Screw this now we are going to fight this bullsh*t i sick of this file sharing bull the industry has worked up. Even New stations are talking about it what the hell!! They make file sharing like more important and murder crime. I can’t believe what this world is coming to.

    Its time to fight for what you believe in!! Just look at what SONY is doing now… This is so MESSED UP..

    Wake Up!!

  • Freaky

    FeedBurner Died? RSS doesent get updated!

  • Ben Hurr

    “Unanimouse Support” is probably a poor choice of words for this article, it makes it sound like the public in New Zealand is cheering over this legislation.

  • Traum

    VPN, futures best busines model ever.

  • truth

    Why do they not go after the electricity companies ? Cut countries electricity off for 6 months if even one person in is is accused of having an IP address that might have shared a file.

  • Raven

    When was the last time New Zealand put out any music groups worth a pinch of salt? I know this is going to sound bad but the best things musically that come from New Zealand are the tribal songs of the M?ori.

  • us

    meanwhile India has a sensable answer and we didnt like it

    http://activepolitic.com:82/2/old/23-4.html#Internet

  • in.cog.nito

    You know what to do kiwifans, vote the retards out of office.

    Time to think about a Pirate Party of your own…

  • Laurel L. Russwurm

    Leaving the country is no solution. This type of law is underway EVERYWHERE in the world. If we don’t fight it hard on every front it will be worldwide soon enough.

    Everyone everywhere needs to fight this NOW.

    Why are laws like this passing? Because ordinary people do not understand. They think this is a good thing because they believe all the slick gig budget corporate propaganda about what “piracy” is. The only way to fight it is education.

    Tell people. Explain it to your parents, and computer illiterate friends. The guy who runs the lunch counter and the lady in the convenience store.

    Better to stop it before it’s law than to risk jail after.

  • Trelew

    So it continues…the corruption of our governments and courts by the corporate powers-that-be.

    It’s corporate world Baby, we just get screwed by it.

  • anonymous

    @#37
    ‘India’s copyright proposals are un-American’
    nice find. good article. strange how it appears that the good ol’ US hasn’t had a ’3 strikes and your out’ regime forced into law and on to the citizens, considering it is where all this crap started. i wonder why??

  • gorehound

    Fight back from big content by not supporting them with your wallet.find all stuff used or just be a pirate but make sure you do not ever give them your money.

  • MS

    No, no, no. The only use of the phrase ‘alleged infringer’ is in the overview section. As soon as the Bill gets into details, only the phrase ‘account holder’ is used.

    The Bill allows for fines of up to NZ$15,000 to be handed down to account holders. Account holders are to be disconnected from the Internet for up to six months.

    Just as with the UK’s Digital Economy Act, the Bill isn’t interested in who carried out the unauthorised copying. The account holder takes on joint liability in relation to copyright.

  • T. Penrose

    What pisses me off is how all the interest groups and people that stood against the original s92A provision just rolled over and started sucking cock on this one.

    Simon Power is deep in some industry pockets, since he can’t even support why he backs this thing.

    Fuck the NZ government, and fuck all the collaborators that rolled over and called this bill “great”.

  • T. Penrose

    @38

    NZ has a Pirate Party:

    http://pirateparty.org.nz

    We need more support and publicity. A lot more.

  • Matthew

    @29

    Us Kiwi’s have actually produced a few famous celebrities such as: Russell Crowe, Cliff Curtis, Flight of the Conchords, and the Lord of the Rings series had scenery shot here. For such a small country, we have had a lot of success.

  • Williams B.

    @ Laurel L. Russwurm
    You have inspired me to do just that. I’m a part time professor at a local college
    I’m currently writing flyers and brochures and I’m planning to hold lectures about freedom of speech, the truth about copyright, and the digital age
    I’m hoping with the help of my students, we can affect some change on the perception of people and un-brainwash them from the corporate and government propaganda so prevalent in today’s world
    Remember kids, this isn’t about copyright, it’s about control

  • Rboy

    Go Russwurm. Remember copyright infringement does not apply to sharing non-commercially. Libraries are not harassed and neither were kids with cassettes and video tapes.

    Sharing has evolved from institutions or libraries to people world wide. These copyright f’ers have brainwashed the crap out of everyone. 99% of the sharing has nothing to do with sharing and the kiwis are about to find out what nonsense they have created and what a turd of a law they have passed

  • neb

    The number of users that “infringe”
    is at most in the hundreds of thousands world wide.

    In the real world, I only met 1 dude that dl like me. ICC style. Now that is talent.

    I sure hope the U.S. gov. has the sense to see that these “internet freedoms” that have built this netork, shouldn’t bow to folks that make a lot more money than they do.

    Got porn?

  • Anonymous

    Has anyone read the actual bill? It would be extremely hard to actually be fined because of it.

  • 9ninety9

    no internet for you.

    hehehehehehehe

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  • John Down

    It’s all good news. All these stupid legislative restrictions will drive software innovation forward. Looking forward to new technologies.

  • anon2

    @#49
    have said for a long time that this is about control, using filesharing as an excuse. the money lost is a fraction of what has been stated by the entertainment industry and the US government have been given that evidence. i still find it extremely strange that, given that evidence, why nothing has changed there or anywhere else? i also find it strange that the route of taking someone to court (whether guilty of the charges, or not), fining them and/or making them lose their internet connection, is a better option than trying to adopt a mutually beneficial solution. why no court has insisted that there should be more industry/customer understanding and cooperation before any drastic action is taken is beyond me.

  • piratepal

    Seems to me that the VPN’s are going to make a lot of money over the coming years – go swissVPN, relakks or Ipreditor, all are good, I have tried all of them and there is nothing to choose between them except that you cant get swiss tv on swissVPN, but when you dont watch it – it dont matter.

  • Brandon

    I heard somebody say that you shouldn’t be afraid of the government. You should be afraid of the business corporations. They are going crazy trying to screw everybody because of their corporate greed. They don’t care about their customers. Why don’t they cut off all the electric and fuel to New Zealand unless they bow down to THEIR wishes… This just has to stop…

  • root AT localhost

    As Randy (MediaDefender CEO) would say: this is fucked.

    It looks more, and more, that we are heading towards a ‘new world order’. And I am not just talking about these anti-piracy measures, but videomonitoring on the streets, ISPs are required to log internet-traffic, Telco’s, whom are required to log all phone conversations, etcetera.

    This is becoming more and more of a nightmare. What happened to the first amendment? Where is our freedom, on which our civilization is build?

  • kiwishare

    National or labour,it makes no difference.They both have nothing but contempt for the serfs!.

    P.S – John Key is a corporate cocksucker!

  • theigloo

    what a joke, so what happens if you have a 12 or 24 month contract with your isp.
    here is what happens, tell them to get stuffed and stop paying !!

    this law goes against isp profits so it will be interesting …

  • theigloo

    what a joke, so what happens if you have a 12 or 24 month contract with your isp.
    here is what happens, tell them to get stuffed and stop paying !!

    this law goes against isp profits so it will be interesting

  • me

    #58: “Where is our freedom, on which our civilization is build?”

    Freedom survives only through eternal vigilance. Somehow, too many were busy looking elsewhere, while Freedom, just like a bird, flew out of the window.

  • Hephaestus

    #62: “Freedom survives only through eternal vigilance. Somehow, too many were busy looking elsewhere, while Freedom, just like a bird, flew out of the window.”

    I like the visual symbolism. Now its not about people looking in the other direction its about politicians that have been bought and think its the norm to complete their obligations to the people who put them in office. There is a total disconnect between politicians and the people who elect them.

    The solution is to come at the industries that fund the politicians from an oblique angle. To remove their ability to make any money. To remove their ability to fund the politicians. In the case of the record labels and movie studios its the rules, and organizations they themselves have created.

    As an example of how to remove their ability to make any money what so ever. Lets go after one sub organization, the USA’s ASCAP. They get paid anytime a song is played on the radio. They only pay the top ~200 artists the rest remain unpaid for several reasons. They cant find the artists to pay them (this is total BS), the artists get paid for music rights on movies and TV.

    The simple solution to ASCAP would be to sample every web radio station (that matches the radio broadcast) and digitally determine what songs are being played and publish a list by artist of the songs played. Contact the artists with this list and ask if they want to move to a different agency and actually get paid. End of ASCAP, end of the Performance Rights Act.

    Oblique angles and thinking outside the box do well in situations like this.

  • lawgeeknz

    Apart from termination, this isn’t too bad. At least it has sufficient due process and auto generated notices will be difficult for RHS because they have to pay a per notice fee. For those that consider any action taken against proven infringers bad, then no such law (or any copyright law for that matter) will be acceptable and that is fine – given the way in which Big Music and Film have operated, they have driven many people to that conclusion – their fault. For those who consider that copyright still has some value but that the law needs due process and a proportionate penalty system, then, apart from termination (which won’t work anyway) and some procedural tweaks, this will get your vote. IOW, YMMV.

    For those interested, the bill is here http://bit.ly/bWAg6G.

    From here, the Bill will now go to a Committee of Ministers who will hear public submissions on it and recommend any changes they think need to be made (and, even if you agree with this law, there are changes needed). It then gets voted on again at the full Parliament.

    Expect the law to come into effect in the third quarter 2010, with a 3-6 month transition in period.

  • Brenda

    Support was no unanimous. Here’s the speech by the largest opposition party: http://tinyurl.com/2egf9sc

    What is supported unanimous, is the removal of “guilt by accusation”. No longer will ISP be expected to act apon accusations alone and disconnect their customers. The new bill ensure that ISPs are never expected to judge the merits of any accusation. It was rediculous to expect an ISP to know the difference between a song you bought and a song you stole, and what “fair use” exceptions apply etc. etc.

    So those not infringing copyright no longer need fear they’re be disconnected.

    Disconnection is still in there, but it requires a court order. This means a full blown court case, not the cheap/quick tribunal. I personally think disconnection needs to be removed completely. It’s never acceptable to disconnect an entire household for the infringement of one member. It’s never acceptable to cut off the pipe that is necessary for participation in modern life, for an act as trivial as copyright infringement.

  • Brenda

    If anything, it shows that many of NZ’s lawmakers don’t participate on the internet, or don’t understand it’s power for civil discourse. If they did they wouldn’t make statements such as “you can always find internet at your library, if you get disconnected” as a solution to badly drafted laws.

    If they were genuine participants in the many debates over the internet, they wouldn’t see disconnection as acceptable penalty, ever.

  • m

    Annnnd another country goes to lobbying corruption.

    Fantastic, Democracy in work!…

    What is more depressing is the response to this… writing to government.

    Lets look at the great things ‘writing’ has done.

    Writing to government in the UK got working men the vote.

    Writing to government in the UK got women the vote.

    Writing to the king of France got rid of the French monarchy.

    Writing to King George III to release America to become its own country actually worked and because of writing America is now a free nation.

    African Americans started to get equality in America via writing to the government.

    Oh wait. no… all that required force in some form, be it marches or worse.

    I’ve wrote to my MPs before about idiotic shit they’ve done. Most times i get a polite “fuck off i’ll do what i want” back.

    The only thing these morons get is physical demonstration of will, and writing only works in motivating people into action.

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  • Devanite

    On one side of this arguement, there is the Corporation (be it RIAA MPAA EMI records WB Disney… ) with thier arms controlling pretty much any politician they can buy worldwide, putting huge money into news stories which are less informative about real world events then the Simpsons (yea I said it, I hope I get a copyright infringement) and of course the usual attempts to counter the flow of ALL free data.

    On the other side you have some politicians, a disorganized conglomorate of citizens of various nations using many small voices and no real money, a handful of university professors and thier students (with again very little in the way of money) who try to uphold the ideals of free democracy!!!

    The problem here is money, when you have such a huge corporation and the money behind it you can change public opinion because lets face it, the general public is mostly retarded on the whole internet issue and they think that if these laws are passed the internet will still be the same place it is ten years from now!!!

    If we had an ad campaign that went something along these lines then the situation would not be as bad as it were today!

    “You wouldnt stop buying beer and just buy it from the tap at a bar would you?

    You wouldnt blow up your governments offices would you?

    You wouldnt vote for Hitler would you?

    SUPPORT DEMOCRACY AND VOTE PIRATE”… or possibly green if you are in Canada like me!

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  • Knarf

    Kiwis are welcome in Canada :)

  • Durp

    They hunt customers who download illegal stuff but when it’s about drugs or prostitution, the customer walk away… Where the interests lies huh?

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  • Bruce an Ex Kiwi

    Who are you kiwis kidding. Once your emissions trading scheme cranks up to help offset your massive contribution to global non-warming none of you will be able to afford electricity. File sharing problem solved.

  • JJ

    Just to get New Zealand in perspective:

    Total population in 2006: 4 million.

    That’s about the same as Kentucky, or about half the population of London, England in 2007.

    Ergo, who cares about them when it comes to crazy IP legislation?

  • Ben

    Why do i need a law like this in New Zealand we only have about 4.3 million people. I hope none of you are from China cause look 78% of wongs have downloaded ilegal stuff they are the ones for a law change not New Zealand or any other country under 20 million and soon Aussie will be taking the extact law in there country.

    PS: the world is getting locked up

  • Richard

    Nobody here seems to understand the processes of the NZ Parliament. After the ‘first reading’ the bill is sent to a select committee for detailed scrutiny and amendment as necessary. It returns to the house for a second and third reading before becoming law.
    Time to prepare short, well-reasoned, un-emotive, to the point arguments to submit to the select committee.
    After the debacle over the previous bill parliamentarians should be listening carefully!

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