MED page highlights interesting points in 'three strikes' file sharing law

The Ministry of Economic Development has published information on its website about the Copyright (Infringing File Sharing) Amendment Act.

The MED page comes two weeks after InternetNZ launched its information site, 3strikes.net.nz and six days after infringements could start counting towards the notice regime established in the Amendment Act.

It provides pdfs for account holders, with information and flow charts about the notice process and how to challenge infringement notices. 

No new notice, but evidence still collected that could be used against you
This information also raises two interesting points. One is that during an on-notice period, or the period of 28 days after an account holder has received a notice in which rights owners may not send another notice, internet service providers (ISPs) are still required to match infringements to the IP address of the account holder. That is, your ISP must continue to track any infringements, but no new notice will be issued during the on-notice period.  The MED states that these allegations would be included in any further notices, and would be considered by the Tribunal if a claim is made against you.

More than one infringement notice at the same time
It also points out that rights owners may be representatives for a group of copyright owners. Series of notices (the three strikes) must refer to the same rights owner but alleged infringements could refer to different copyright owners.  This also means that an account holder could receive two detection notices from different rights owners, at the same time (both of which would constitute a "first strike").

The page also offers information for rights owners and IPAPs, effectively ISPs.  The information notes that the IPAP definition excludes internet cafes, public WiFi providers, educational institutes and businesses whose core business is not the provision of internet access.  The latter two are still liable as account holders, under the Amendment Act.

In parliament last week, Green MP Gareth Hughes asked Minister of Commerce Simon Power why the government had launched an information website after the law came into effect, and after InternetNZ had launched its website. 

Mr Power said he welcomed InternetNZ’s enthusiasm to help with educating the public, that the government would be taking a “very active role” in educating the public about the Act, and that it had received considerable media attention.

The Amendment Act comes into force on September 1.