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New Zealand Tribunal Issues First Graduated Response Decision

January 30, 2013

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.

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4 Comments

  1. Crockett says:
    January 30, 2013 at 11:18 am

    Frodo would not approve …
    So let me get this straight? In New Zealand if you steal a CD you are presumed innocent, but if you download a song you are presumed guilty?

    Is courting the American content industry, regardless of those lovely LOTR landscapes, really worth upending a citizens basic legal rights?

  2. Crockett says:
    January 30, 2013 at 3:07 pm

    Aside from that …
    As I read more on this case it appears the defendant has ‘confessed’ to downloading one song, well the same song twice actually. The fine in the end being around $600. Is $300 per song still excessive? That is arguable, but this makes me wonder how Voltage Studios will fare in light of this level of judgement. Australian courts are based on many of the same principals as our own, so that’s one more reason to not fold to an extortion letter in the thou$ands.

  3. Crockett says:
    January 30, 2013 at 3:09 pm

    Whoops!
    I just called the NZ court Australian. My sincerest apologies!

    I best watch for flying kiwis 😉

  4. ninadooper says:
    March 20, 2013 at 1:28 am

    I agree
    As I read more on this case it appears the defendant has ‘confessed’ to downloading one song, well the same song twice actually.
    wise data recovery