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Wednesday January 30, 2013 |
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The New Zealand tribunal responsible for copyright graduated response cases has issued its first decision.
The tribunal ordered an individual to pay $616.57, which included $6.57
for three songs, $50.00 for notice fees, $200 for the application fee,
and a $360 deterrent fee ($120 per song). Most striking is that the New
Zealand law forces the tribunal to statutorily presume infringement,
despite an absence of evidence and denials by the individual. Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday January 30, 2013 |
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Monday June 06, 2011 |
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The Australian Content Industry Group, which includes the music
industry's anti-piracy arm and the book, computer software and video
game industries, has backed
away
from a call for a three strikes system leading to termination of
Internet accounts. The group is still calling for "mitigation measures"
but says loss of Internet access is not among them.
Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday June 06, 2011 |
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Friday June 03, 2011 |
The United Nations Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression has released an important
new report
that examines freedom of expression on the Internet. The report
is
very critical of rules such as graduated response/three strikes,
arguing that such laws may violate the International
Covenant on Civil and Political Rights
(Canada became a member in 1976). Moreover, the report expresses
concerns with notice-and-takedown systems, noting that it is subject to
abuse by both governments and private actors.
On the issue of graduated response, the report states:
he is alarmed by proposals to
disconnect users from Internet access if they violate intellectual
property rights. This also includes legislation based on the concept of
“graduated response”, which imposes a series of penalties on copyright
infringers that could lead to suspension of Internet service, such as
the so-called “three strikes-law” in France and the Digital Economy Act
2010 of the United Kingdom.
Beyond the national level, the
Anti-Counterfeiting Trade Agreement (ACTA) has been proposed as a
multilateral agreement to establish international standards on
intellectual property rights enforcement. While the provisions to
disconnect individuals from Internet access for violating the treaty
have been removed from the final text of December 2010, the Special
Rapporteur remains watchful about the treaty’s eventual implications
for intermediary liability and the right to freedom of expression.
In light of these concerns, the report argues that the Internet
disconnection is a disproportionate response, violates international
law and such measures should be repealed in countries that have adopted
them:
Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareFriday June 03, 2011 |
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Wednesday May 19, 2010 |
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UK reports indicate that the rules for the UK's three strikes system will exempt all ISPs with under 400,000 subscribers. While the move is described as creating "piracy havens" it is consistent with the regulatory assessment that identified the competitive impact on small ISPs of such a system and raised the possibility of exemption. I discussed the issue in a column earlier this year on the significant cost of three strikes. Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday May 19, 2010 |
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