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| Thread ID: 119659 | 2011-08-03 07:05:00 | September Laws | Bussani (14313) | Press F1 |
| Post ID | Timestamp | Content | User | ||
| 1220742 | 2011-08-03 22:31:00 | May be wrong, but does the new law allow for prosecutions after the copyright holder sets 'honey pot' traps . could it be argued previously, that honey pots traps being setup by copyright holder's , couldnt be used for procecution as the owner/agent actually offered up download for free (even as a trap) Personaly, I would no longer buy a CD without downloading & listening to it 1st. Ive bought far too many CD's that were poor quality (songs just all filler). CD's, games & DVD's are the only thing that cant be returned if the are really poor quality. You want to change the laws, then it should be a 2 way thing. I want to return all my rubbish CD's & games that should never have been released/sold in the 1st place. Even sometimes admitted by the bands/artists themselves. :thumbs: |
1101 (13337) | ||
| 1220743 | 2011-08-03 23:26:00 | Not the Matrix, that's a movie, you're not allowed to do that Paul.Cov, even without the new copyright amendments ;) See: www.consumer.org.nz Entrapment doesn't fly as an excuse unfortunately. It's still illegal to download it. |
Chilling_Silence (9) | ||
| 1220744 | 2011-08-03 23:31:00 | A bit more on it here:- www.geekzone.co.nz |
Snorkbox (15764) | ||
| 1220745 | 2011-08-04 00:10:00 | So the copyright holder has to pay $25 to 'register' each 'strike' with your ISP, then another $200 to kick things off with the Copyright Tribunal . They'll also be paying other drones along the way for data collection, infringement processing, so before they begin they have to be prepared to spend $300 per potential prosecution . If they do 2 strikes and don't get a third strike, then they've done in $50 and got nothing to show for it :D Hell, it might even be fun to bait them and to waste their money! The more I look at it, the more I see it only affecting the hardcore sharers . Joe Average at home may lose his nerve for a while, but it'll likely be a minor inconvenience and little more . DVD sales will likely show little growth in the shadow of these changes . However, you can bet they'll be trying hard to recover max $ from those they do take through the Tribunal . |
Paul.Cov (425) | ||
| 1220746 | 2011-08-04 00:52:00 | No, that's not entirely true. The hardcore sharers / leechers know how to get around this kind of thing and cover their tracks. It's *definitely* targeting the casual users, or opportunists. | Chilling_Silence (9) | ||
| 1220747 | 2011-08-04 00:56:00 | No, that's not entirely true. The hardcore sharers / leechers know how to get around this kind of thing and cover their tracks. It's *definitely* targeting the casual users, or opportunists. and they admit it. |
mikebartnz (21) | ||
| 1220748 | 2011-08-04 01:05:00 | Not that I recommend piracy, but this law isn't going to change a single thing about the way I download until I have 3 warnings, because I somehow doubt the law isn't going to work as well as the higher powers would like to think it will. :thumbs: |
goodiesguy (15316) | ||
| 1220749 | 2011-08-04 01:13:00 | Violater X is downloading a torrent of Season 20 of South Park. Season 20 has 12 episodes, and arguably 12 copyright violations are taking place at once. So can Violater X get served 12 infringement notices all at once, and be deep in the pooh? The infringement apparently has to have happened within 21 days of the complaint being sent. I believe the complaints also have to be spread something like 10 days apart, but don't quote me on that. If that's right, it would take at least a month to receive three strikes. Here's another scenario. I occasionally feel the urge to blast out some tunes from The Matrix. I own the boxed set of Matrix DVDs, so I have a right to play the media anyway, but I find it tons easier to download the tunes online than to go and load up the appropriate DVD from the set. If you've purchased the soundtrack with the songs beforehand, on a CD or from a legal download site, then you may get away with using that as an excuse...or you may not. Whatever the case, owning a movie isn't the same as owning the soundtrack, even if you argue that you could listen to the music in the movie. |
Bussani (14313) | ||
| 1220750 | 2011-08-04 02:05:00 | I've just had a browse of the legislation www.parliament.nz .pdf As I see it you can torrent all you like for a month (possibly longer), once every 3 1/2 months and be 'immune' from fines or proseqution. Here's my take on how it will work for those who choose to continue to use p2p and wish to keep their noses clean. They will build up a list of media they desire, find the torrents and get their p2p client all prepared (they can load the torrents into the client without downloading any media whatsoever - this is not an offense). Perhaps time their torrenting to coincide with at least 2 months of their data allowance (last 2 weeks of one block, first 2 weeks of the next block), or adjust their data allowance for the period to accompany their d/l and their u/l obligations (don't forget p2p requires all to be fair to the p2p community and to u/l). Download (and u/l) 24/7. They can go hard at it until they get an infringement notice. Pay close attention to the date on the infringement notice. They have another 28 days 'immunity' to torrent from that date. Now wait 3 1/2 months before they next torrent. It shouldn't be too tough to do. They can still d/l the torrent hashes in preparation for their next bust of activity. Repeat the above process until they receive either (or both) of the following: A warning notice of a second infringement against the rights holder(s), or another infringement notice from a different rights holder (beware rights holders teaming up). There's another 28 days immunity from the date of the warning notice. They now wait another 3 1/2 months. Their initial infringement notice, and any related warning notice will now have expired. Allow the above process to repeat. It's actually 9 months for the initial infringement notice to expire. Here's the process in sequence. 1. Start p2p with impunity 2. Await infringement notice. 3. Continue p2p (if necessary) up to 28 days from the original infringement date on the notice. 4. Wait 3 1/2 months before using p2p again (it's now 4 1/2 months since original infringement, so half way through the expiry period of the infringement). 5. Resume p2p until another notice is received. If it's a fresh infringement they can resume from 3. above. If it's a warning then they again have immunity for 28 days from the date of the warning notice. 6. Do as they like until the 28 days are up 7. (it's now 5 1/2 months since the infringement notice) 8. Wait another 3 1/2 months without using p2p. 9. The original infringement and any related warnings are no longer valid. If they have picked up other infringement notices along the way, then they wait till 4 1/2 months from that infringement have passed, then resume from 5. above, otherwise they will have completed 9 months from their last infringement notice, and they have a clean slate. Resume from 1. above. Given that most of the indiscriminate torrenting will be done by school kids, the safe bet may be for parents to ban torrents during school terms, and to allow them during the term holidays when the kids are harder to police anyway. This would help to minimise the chances of getting to the 3rd strike, yet still allow them to satisfy some of the urge to d/l media. |
Paul.Cov (425) | ||
| 1220751 | 2011-08-04 02:35:00 | Key points, the 3 strikes are all treated differently in the law, being Infringement, Warning, Tribunal as follows: 1. Violation detected and Infringement notice issued by Rights Holder on date X 2. 28 days immunity from Rights Holder from date X 3. Violation detected and Warning notice of further infringement from same (or related group) of Rights Holder(s) detected on date Y 4. 28 days immunity from same Rights Holder from date Y 5. Violation detected by same Rights Holder(s) within 9 months from date X: Trouble - you're before the Tribunal and at risk of big fines. If more than 9 months pass from date X (point 1) and point 5 then the whole lot expires and the account holder has a clean slate. Each Infringement notice has it's own 9 month window, and they may overlap to create a more confusing timescale. Periods of immunity only apply to immunity from that particular rights holder, it does not become a period of immunity relating to any other violations that are in the process of winding through the 9 month window. An uncertainty may exist where three different violations against 3 different rights holders may perhaps result in being drawn before the tribunal if these rights holders chose to join forces. Eg. Month 1 Infringement from Virgin Records Month 2 Warning (strike 2) from Virgin Records Month 3 Infringement from Crysalis Records, who have since teamed with Virgin records - this may (arguably) become Strike 3! |
Paul.Cov (425) | ||
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