Movie Studios Want Own Version of Justice For 3 Strikes
Written by enigmax on August 12, 2009As New Zealand mulls its options for dealing with alleged pirates under its proposed Section 92A legislation, FACT, a division of the MPAA, says it’s not happy with the current proposals of giving those wrongly accused a chance to go to arbitration since it would be too time consuming.
After New Zealand’s previous Labour government failed in its attempts to set up a code of practice to deal with copyright infringements via section 92a of the Copyright Act, new proposals were revealed.
ISPs wouldn’t be expected to play copyright cops, but instead decisions about disconnections under a 3 strikes regime would be made by the Copyright Tribunal, which would give those wrongly accused a chance to put their side of the story. This was generally accepted as a fairer way of going about the issue.
However, the Federation Against Copyright Theft has indicated that it is unhappy with the proposals and would prefer a “streamlined” process of justice, which would mean people could be disconnected without the full hearing in front of an independent body as suggested by the Economic Development Ministry.
FACT director Tony Eaton says that his organization doesn’t have a problem with judicial process – as long as it’s on their terms.
“The concern is that we send out 1000 infringement notices, and then someone says, `The way to stall this is let’s all go to arbitration’, and a year later we could still be going through that same process,” Eaton said.
“Do we get to the point where we have 1000 cases to be heard by the Copyright Tribunal? If everyone brings their lawyer, we will only do five in a day,” he added.
By anyone’s measurement, even given the lack of accuracy inherent in some anti-piracy evidence, 100% error rate and 100% appeals is a little pessimistic to say the least and to suggest everyone would bring a lawyer is absurd – the cost would be hugely prohibitive. Nevertheless, Mr Eaton said he would prefer to be able to present evidence in bulk to the tribunal – in search of corresponding disconnections in bulk, no doubt.
The discussion document for the amended Section 92a was open for submissions until August 7 and according to Ministry of Economic Development spokesman Joshua Herron, many of those submissions show opposition to disconnecting people from the Internet, period.
InternetNZ, a non-profit organization dedicated to protecting and promoting the Internet, said it is “absolutely opposed to the inclusion of termination of Internet accounts as a penalty for copyright infringement.”
Previously: Pirate Party UK Officially Registered
Next: Prevent Canada from Becoming a Copyright Police State
57 Responses
Bunch of Nazis…and thats a FACT.
Perhaps if they did have to go through the proper process, it would be more of an incentive to the MPAA to sort their business model out!
God damnit…
if they want their own version of justice, they should gtfo, build their own state or better planet and see who wants to live in it… ABOUT FUCKING RIGHT! NOBODY!
So there happy with justice but only on there “terms”? WTF who the hell do they think they are?
The fact that they have said it out loud states that they are only willing to negotiate laws on THERE terms not the peoples or goverements.
And there attitude is that its ok if wrongly accused people are disconnected for something they have not done as long as they disconnect the real ones?
They need to be smacked down a bit and the people in the government that support these people should realise who they work for.
-Jay
Why don’t we just make him president of the world and be done with it.
wonder what this wanker would do and say if he was on the receiving end of being accused, charged and found guilty of something without being allowed to defend himself? even worse if he hadn’t done anything and could prove it but was told ‘too bad. you are not allowed to do that, in case someone believes you. we think you did it, we are the ones that count, not you, so you are guilty anyway’. may just as well throw the whole legal system out and let corporations rule the world, judge everything and everybody, good and bad, that happens on this planet and mete out what punishments they like, regardless.
boycott buying dvds going to the movies and buying cds
sharing is not stealing and that is that so suck it!
They would like a Matrix type society :-)
Again little voice in my head says “If so many people are breaking the law then maybe the law should be changed?” The consumer obviously things copyright is bullshit yet they want to push for this 3 strikes policy. Ah give it 5-10 years before we see some massive changes in this world. Until then the people with the money will try to bleed us dry, take our internet, and suck every last dollar out of the consumer.
Fools – you bleat for the future like a herd of sheep.
Each generation calls out for a new world, but rebuilds the same old world – corrupt and weak.
But the new world WILL be created – in a storm of fire and blood.
-Age of Apocalypse
WTF IS WRONG WITH THAT GUY??? When he feels unhappy will they allow public hangings because he is sad that he cant stop sharing..I bet this guy was a real mother fucker to borrow a toy from when he was a little kid.
if this happens to your country, just encrypt your traffic.
simplez
Hmmm… why arent we all chained at birth?and just give all money we make to the movie/music industry. Then they get what they want…
And ofcourse when all the media industry is happy, the world would be a better place… We really need more fatso’s woth so much money they can’t decide on buying an island or the moon…
what a load of crap about time the maoris told fact were to shove there rubbish. they will pay in the end when there beloved “law system” goses after them.
Did anyone else get the image of a production line in their head when they read that?
I am disgusted. These people want justice only on their terms. If they get it, the word “justice” won’t have a meaning any more. This makes me only more determined to see at least one Pirate Party in government somewhere in the world.
Kids, this is where your money is going when you buy DVDs. Into groups like this that would sue their own mothers if they downloaded a film and want the law to bend over backwards so that they can continue ruining lives all over the world.
Internet access is a right. I’ve posted copies of all types of media in the mail to family, borrowed games, cds and dvds from friends to copy. Copied music to ipods, external storage devices. The list goes on. I will never stop sharing.
It angers me greatly when the xxAA or any other associated organisation feels they can be above the law. Sadly, I feel they are succeeding mostly due to the cowardly politians of the present day who are uneducated and do not understand the digital age and what it means.
Support your nation’s pirate party.
I bet not only would he not let you borrow his toys, but that he would have a tantrum if you had the same kind of toys as him – after all, they are copies!
No surprise there
watch:
The Corporation
http://www.imdb.com/title/tt0379225/
Generation RX (to see the interconnection between gov and industry
http://www.imdb.com/title/tt1355568/
btw, justice wont go after them
If we, the ppl don’t show where it has to go, they (corps + govs) will screw us over
thats right form political parties in systems that fail to do anyhting and get bought off or marginalized
until massive numbers of people start prancing about shouting Nazi or fascist it wont stop.
Listen up meatheads in a democratic society it is a right to face your accusers and defend yourself against any allegation. If it takes time to process all this so be it.Your bringing forth all these actions but not willing to prove it. As we have already seen your system is flawed so you should expect some to challenge it. I know I sure as hell would. Stop trying to steam roll and circumvent laws. The way it stands you look no better the those your trying to stop.
That’s what I call breathtaking arrogance and a complete disregard for the law. In the quest for the Almighty Dollar, everything must be sacrificed- liberty, privacy, due process, common sense, fairness- EVERYTHING. And don’t forget that your rights run a distant second to their desire to make a profit. Unbelievable.
Mike
http://QuickTrivia.com
Listen up meatheads in a democratic society it is a right to face your accusers and defend yourself against any allegation. If it takes time to process all this so be it.Your bringing forth all these actions but not willing to prove it? As we have already seen your system is flawed so you should expect some to challenge it. I know I sure as hell would. Stop trying to steam roll and circumvent laws. The way it stands you look no better then those your trying to stop. Why is is basic constitutional right get to be ignored simply because someone downloaded something? If only that kind of effort and funding was focused on serious crimes.
Get behind the cause for change:
http://www.pirateparty.co.nz
The correct way would be for a Tribunal to be funded indirectly by a tax uppon those who would request such copyright control, so that copyright outfits must pay the government to pay specialized judges for such tribunals. In a true liberal way, copyright outfits could simply raise their funding, so that, if they chose to pay so, they could simply have 1 judge for each of those 1000 cases. Such judges would be chosen by the government following local laws, and mustn’t have any kind of affiliation to any of the accusing partys. Also, they must be certified in some way in the ways of computer technology (P2P, networking, etc.)
Plus, in case the accusation should prove unfair, the accused party should be refunded double their legal expenses adujsted by a fair inflation index, plus, in case the court rules so, some additional for moral damages, infamy, injust accusation, or any similar reason. Of course, such responsability wouldn’t befell the accused, since they aren’t responsible for the request.
Why such roundabout methods? It will simply add a much needed “copyright enforcment cost”, which simply don’t exist nowadays. By doing so, corporations would be forced to choose between smaller copyright enforcment problems (still allowing them to follow “bigger breaches”, such as is nowadays the case), or paying a copyright cost in order to enforce a more draconian route. Of course, classical C&D letters, which nowadays work as blackmail would be outlawed.
But I am no in NZ, and in my country no one still gives a damn to copyright, seeing as Piracy is everywhere.
If this sort of thing continues… soon enough they’ll be saying “we want everyone’s bank details just in case you download, that way we can just charge you in a summary fashion without any hearing, proof or warning.”
Long live the MAFIAAAAAAA.
They want the ISPs to be their private police. They want the courts to be their private enforcers.
This is INSANITY.
Doesn’t matter to them so long as the profit’s coming in, and with cases churning out million-dollar damages they may have their new cash-cow.
RETARDED.
Someone needs to step in and either educate the rest of the world on the way these things work or destroy the abbreviations.
MAFIAA – we have no time for your rights! >:(
We THE PEOPLE, want our own version of Justice for Movie Studios: Chinese revolution style…
Keep messing the proletariat, capitalist pigs!
@11…would you like to go for a beer sometime…i think we could have a good chat!
Why don’t they just disconnect everyone with a broadband connection (after all, we only need 56k dial up for email), and then we have to prove that we have not so much as coughed without covering our mouths, before FACT\etc let us back on the internet.
It should only take a few years to process, and that will give them some time to come up with another scapegoat as to why their profits are dropping (maybe they’ll realise that we won’t pay for mass produced crap).
After all, how could the world survive without the Copyright Enforcement Agencies, snorting their way into the trough, and not rewarding the artists they supposedly represent? Bunch of twats!
I have a better idea, how about they don’t disconnect people who were suspected of infringement?
Can’t wait till innocent people get disconnected, especially politics.
Um…
So they want the justice system to hand out fines regardless of guilt?
“Oh, we don’t need to hear their story. If we say they’ve been infringing our copyright, they must be doing it because we are the MAFIAA.”
Fail harder, if you can.
Ok so a lot of you say sharing is not stealing and doesn’t hurt anyone. So please explain…If everyone was to share who would pay for all the blockbuster movies? Thats what I don’t seem to understand if warner brothers fork out 25 million dollars to make a movie pay cast script writers and so on then we all download it and share it who is going to pay to make the next blockbuster? Also what makes you think you have the right to share it while others have to pay for it? Or is there no one that can explain that? At the end of the day if we all shared our files then there would be no need for movie theaters.
@yeah yeah: Hasn’t it been shown over and over again that so-called pirates will, and do, fork out for items they really want? No matter how much the MPAA blathers on about lost revenues, hasn’t it also been shown time and time again that it doesn’t really hurt their blockbuster movie sales. I actually see it hurting them more in the long run to continue what they’re doing now, complaining, suing, ruining innocent lives in the process. Eventually, enough people will start hearing about it enough so that most people will either start renting movies to see them or download/stream them through various methods. Eventually the word will get out and the MPAA mafia will soon have to actually answer to someone for something. I just hope we don’t have to get to a government overthrow first for that to happen. The younger generation is speaking, and so is technology. Work with the kids, don’t try and scare them. As people with any sense are finding out, the kids don’t scare so easily anymore. If they did, there would be no pirate parties. :lol:
Gosh, the movie studios are right! Justice takes too long. Lets implement this proposal, and while we’re at it, why not look for more places in our justice system to “streamline”.
Juries? Boy it takes them forever to make decisions. Lets just flip a coin, and if heads, the accused gets sent to prison.
Actually prison is pretty costly.
Let’s just put everyone to death.
Hahahahahahahaha!
“Your response is awaiting moderation.”
I’m seeing more and more that censorship is now spelled T O R R E N T F R E A K. Good job guys. How was lunch with the MPAA? I imagine you’re having a good laugh and drink over it all. C’mmon, share the joke with us. Post a video on YouTube about it. I dare you! How long did it take for you and them to work on today’s article? Was it already in the cue to be published when news was slow? Hey, MPAA! I like the articles. Makes everyone think you and TF are at odds with each other. Cudos. Great job! Keep them coming. :)
I dare you to publish this comment. I dare you not to publish this comment. I give you permission to do either. There, I don’t care. Whatever you do, we’ll all know that it’s with my permission. I love that kind of control.
P.S. Tell the RIAA, IFPI, and whoever else hi for me. Wasn’t it great what happened to The Pirate Bay? That was well orchestrated. I got to hand that to you, especially while making it look as if TF could possibly be on the side of Peter Sunde and the rest of the TPB crew, past and present.
P.P.S. I think I’m most proud of how you managed to come from behind in the Jammie Thomas case. Wow! Let’s ruin the lives of single mothers. The new American dream for sure. Double cudos for that one. I can hear the laughs of victory over the ruined single mother. Hey, even if you all rot in Hell for that, at least it was a great victory here on Earth. Pat yourselves and each other on the back. Here’s a toast to the ruining and financial raping of the single mothers of America. Aren’t you proud? I know you are.
Anyone notice how NeoStyles didn’t post on this thread? Maybe because these organizations actually are garbage….
Am I on to something here? D:
Erm….yes…What he said before me..
No not him…I meant 36…hehehehe
OOps…No i didnt mean 36.. Its changed…Doh..this site is crazy..numbers mean nothing…goodnight i have had enuff..
yeah yeah said
‘at the end of the day if we all shared our files then there would be no need for movie theaters.’
I think thats a brilliant idea. I’m up for burning down all the movie theatres. :)
Only 60-70 submissions from individuals?
Considering I got off my butt and made a submission I would have thought it would be higher.
streamline justice because its too costly and time consuming? who the fuck does this guy think he is?
i will never pay for a cd or dvd or go to the movies again…especially if people like this is where my money is going to. by the way, i dont pay taxes either, havent for over 10 years now. yet these industries still survive without my money. most movies are crap and if there is an artist ive found through piracy i will go to the concert and buy a shirt and have a few drinks. im helping the economy more this way.
Yeah yeah, you are going off topic. This thread is about FACT wanting to make a presumption of guilt, AND refuse the accused any sort of defence. It’s not a new idea, it’s been done before by Hitler, Stalin, Than Shwe etc. But those people quite rightly got slagged off for running undemocratic police states where human rights count for nothing. Is that system OK with you? If so I suggest you try living in Burma or North Korea.
@Kwork
Congratulations on extreme overreaction to what is a very routine thing.
It happens to me as well, and I don’t post long follow-up comments ranting about what an injustice it is that your comments are not immediately posted. My guess is that they have some sort of filter set up to automatically moderate comments containing certain words or phrases. I really don’t know. I really don’t care. Your comment went up, so there’s no point in bitching about it.
If you live in N.Z tell everyone and get them to join the pirate party(link posted above).i joined afew weeks ago but they need more exposure than they have had up till now.We need 500 members to register as a political party so lets get it rolling!.
“…people could be disconnected without the full hearing in front of an independent body as suggested by the Economic Development Ministry.”
Okay, here’s where I see this scenario going. FACT will pretend they don’t want independent arbitration, but they really don’t mind, because they will do what Microsoft did with ISO and the US Doj, and infiltrate that “independent” review board, thus killing its independence.
So, the accused will have their chance to defend themselves, but no matter what they say, they’ll still be found guilty.
One would hope the ISPs will begin fighting this with some real determination, since its the ISP’s own customers the FACT mob bosses are stealing away from them.
Yes, I said stealing the ISPs customers away…I think the word “stealing” fits FACT (and its thuggish cronies) far better than it fits innocent people that merely share files, don’t you?
When are people going to say ENOUGH. Boycott ANYTHING MPAA and RIAA and hit them were it hurts, the pocketbook!
RT
http://www.anon-web-tools.net.tc
Pirates such as the mpaa/riaa can’t have their own law, no matter how much money they have…
We know what they are, time to let everyone else know.
The law is just ‘a file written on a pendrive to modify anytime’ for these guys..
So here we go, let’s just disconnect everyone and kill the Internet for good, so that no one can ever share Art, Culture and Knowledge anymore…
The studios can have the ability to disconnect people without any hearing … as long as I, and everyone else, have the same power. I wonder how long it would take before each and every employee of the studios (from the kid down in the mail room to the CEO) were permanently and repeatedly disconnected? I’d give it about 5 seconds, maybe less.
Scary how this can pretty much be summarized as “A fair trial? Yeah that’d take too long, let’s just automatically assume you’re guilty.”
@1 -surely you mean jews?!
This is just great.
Who new a bunch of kids swapping songs over the internet would kick the asses of the entertainment industry LoL
And in 10 years there was not 1 law, suit or action that could stop that.
No wonder they are desperate.
But I guess it will take another 10 for the industry to throw the towel LoL
Are they going to punish entire population within a week?
why bother with courts, there is no dout that everybody violated copyright law so just punish everyone and save lots of money
best solution is to declare all country as jail where everybody is criminal.
@dragonfly- unless you pay for it, its not yours anyway. =(
10 references to this post
Responses are closed
All remaining responses will continue to be archived. Use the TorrentFreak forums if you want to discuss something.