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How the watchdogs will catch you
How does the new law work?
The Copyright (Infringing File Sharing) Amendment Bill will allow record companies and film and TV studios to pursue internet users who download copyright material from file sharing websites. Downloaders will receive up to three notices warning them to stop or face a Copyright Tribunal hearing and a fine of up to $15,000.
Can my internet connection be cut?
Not at this stage. The Government dropped a plan for a six-month internet disconnection. However, this could be introduced in future, if it's decided the law is not working.
Will I get a notice for watching copyright shows on YouTube?
No. internet NZ reported last week that the Ministry of Economic Development had clarified that the new law was aimed only at peer-to-peer networks which download files from one computer to another. It will not cover video or music streaming services or downloading from file hosting sites such as MediaFire and 4shared.
How will downloaders be caught?
The New Zealand Federation Against Copyright Theft (NZFact) runs the policing operation on behalf of the major film studios. Executive director Tony Eaton says an independent company will find illegal downloaders by joining the "swarm" of users who log on to sites like Pirate Bay to share files.
The spy computer will record the downloader's internet Protocol (IP) address - which identifies the computer being used - and the section of copyright file it has received.
The detection company then gives the information to the copyright holder, which can send an infringement notice to the downloader via their internet service provider (ISP). Only ISPs will be able to match the IP address with the computer's owner.
What's the threshhold for sending out a notice?
Eaton says he is still negotiating this with the ISPs. Several have complained they will be swamped by the workload, so he wants to make sure the new law doesn't get bogged down with too many infringement notices. He says the law does not allow copyright holders to tally up the number of downloads from one IP address over a certain time, so the system will target the latest hit movies and TV shows, rather than numbers.
Can they see what people are downloading already?
No one is saying but copyright holders have been able to detect illegal downloads since at least 2006, when a trial run of pirate-hunting software found 1153 users attempting to download the hit children's movie Chicken Little at 10am on a Monday. One American study found 15 per cent of those trawling the internet were from the Government or the recording industry trying to catch illegal downloaders.
http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10741725 |
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