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Hawke’s Bay
The Ministry of Justice filled in a gap this afternoon, providing NBR Online with the fourth file sharing decision (see links for decisions 1, 2, 3 and 5).
RAW DATA: Fourth file sharing decision.
The case's signature feature is that the un-named TelstraClear customer in question did not challenge any of the three-strikes notices, nor defend themselves at the subsequent Copyright Tribunal hearing.
So we don't know if he or she was directly involved, or if someone else was using their connection - or indeed almost any hard facts circumstances around the alleged offending.
The defendant's failure to respond ensured they got dinged under section 122N - aka the presumption of guilt provision under the file sharing law.
The TelstraClear customer used a BitTorrent client to share two songs, both by EMI artists - Beyonce and ColdPlay.
He or she was ordered to pay $457.16 in damages - another modest total, at least in relation to the $15,000 maximum allowed by the Act.
Tribunal members have so far rejected the "multiplier effect" argument put forward by Rianz (the Recording Industry Association of NZ), which argues file sharing software is also used to upload songs, compounding the damage to rights holders.
Chris Keall
Thu, 14 Mar 2013
Thu, 14 Mar 2013
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