|New Zealand Three-strikes Copyright Law Comes into Effect|
New Zealand's three-strikes rule for online copyright infringement came into effect on 1 September 2011. Under the new regime copyright owners can make allegations of illegal file sharing to internet service providers (ISPs), who are required to forward the notices to their customers. After issuing three unsuccessfully challenged notices, copyright owners may bring a case before the New Zealand Copyright Tribunal. Offenders face a six month account suspension and fines of up to NZ $15,000.
Early monitoring suggests internet traffic in New Zealand has dropped sharply since the implementation of the new laws.
In Australia, courts have power under the Copyright Act 1968 (Cth) to order termination of the account of a person found to have infringed copyright. ISPs are generally protected from liability for the infringing acts of their customers under the "safe harbour" provisions. The liability of ISPs was considered recently in Roadshow Films viiNet Ltd (2011) 275 ALR 1 where the Full Federal Court held that ISPs should implement a "repeat infringer policy" if they are to enjoy the benefit of the "safe harbour" provisions.
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Published on our website on September 19, 2011