A controversial new law aimed at wiping out illegal downloading will come into effect from tomorrow.
Illegal downloaders could be fined up to $15,000 under the Copyright Infringing File Sharing Act. But many are concerned the law means internet account holders, including universities and businesses, are accountable for the actions of everyone using their account.
Auckland University computers will from tomorrow carry a warning to anyone logging on that if any of the 50,000 students is caught illegally downloading, the university takes the rap.
"We have liability for actions that could be individual action from our staff and students that we have very little control of," said the university's chief information officer Stephen Whiteside.
Under the new "three strikes" regime, which is aimed at combating illegal file sharing, internet users could be fined up to $15,000 by the Copyright Tribunal for accidentally or deliberately distributing or even viewing copyright material, such as pirated videos.
Home internet users will also be monitored - and sent three warning letters before their case is escalated. Opponents to the law claim internet users are being treated as guilty until proven innocent.
Intellectual property lawyer Ian Finch has his doubts the law will catch big downloaders.
"There is an ability for the scheme to be reasonably effective but it will have difficulty stopping the repeat offender."
Labour 'will dump law'
Labour says if it is elected, it will ditch planned 'termination clauses' in the new law which would see web access shut down for people caught illegally sharing files.
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Labour's Communications and IT spokesperson Clare Curran said they will introduce a Bill within 90 days of taking office to remove the so-called 'termination clauses' from the Copyright Act.
That law hasn't actually been put into place yet however - the only thing that can happen under the most recent law change is that once someone has three strikes against them they can be taken to the Copyright Tribunal which can make awards of up to $15,000.
The internet suspension power will not be brought into force unless the Minister of Commerce considers that the "three strikes" law and the remedies by the Copyright Tribunal are ineffective.
The Government says it will then monitor and review the situation and determine when a further deterrent may be needed.
It's expected the issue will be reviewed in two years' time, coinciding with the five-year review of the digital copyright amendments that were passed in 2008.
Curran said the clauses that would shut down connections can't work in the long term.
Labour voted for the Bill in April.
"We stuck by a commitment to work with the Government to enable internet service providers and rights holders to reach a compromise on copyright law," she said.
Curran said Labour will also undertake a review of the Copyright Act, with the aim of introducing a new bill within 18 months to update and extend the framework for digital copyright in New Zealand.
Labour's approach to copyright will be released as part of its ICT policy and its innovation policy in coming weeks.
Infringement notices
Internet users are likely to be hit with hundreds of thousands of infringement notices each year, an Economic Development Ministry consultation document suggests.
Officials have asked internet providers to estimate their costs based on the assumption they would send out 5000 infringement notices each a month. New Zealand had 71 internet providers last year, according to Statistics New Zealand.
But InternetNZ chief executive Vikram Kumar said it would be entirely realistic to expect tens of thousands of notices to be issued each month, based on experience overseas.
"France introduced a similar law and they were completely flooded, with 50,000 notices being issued almost instantly."
Paul Brislen, Telecommications Users Association of New Zealand chief executive, said he did not believe the public are aware of what they can and cannot do.
"I think users, people like you and me at home with a connection, have not been told what the new law means and there is absolutely so little coming out that it is a minefield," he told TV ONE's Breakfast.
This is the final week of poll result anlysisThere is one of the voter that had voted for ''Yes it is linked to Organised Crime!''There are three voter that had voted for ''Its just Social Construction!''There is one last of the voter that had voted for ''Its is mixture of the two!''In conclusion, its showed that many of the people think that internet piracy is just social construction.
