Text of Section 92 A of the Copyright Act

14 October 2008 · 9 comments

Because it’s not so easy to find: Copyright (New Technologies) Amendment Act 2008 No 27, Public Act — New Zealand Legislation: Copyright (New Technologies) Amendment Act 2008 No 27, Public Act Part 1 Amendments to Parts 1 to 5 of Copyright Act 1994 53 New heading and new sections 92A to 92E inserted The following [...]

 

Because it’s not so easy to find:

Copyright (New Technologies) Amendment Act 2008 No 27, Public Act — New Zealand Legislation:

Copyright (New Technologies) Amendment Act 2008 No 27, Public Act

Part 1 Amendments to Parts 1 to 5 of Copyright Act 1994

53 New heading and new sections 92A to 92E inserted

The following heading and sections are inserted after section 92:

“ Internet service provider liability

“92A Internet service provider must have policy for terminating accounts of repeat infringers
  • “ (1) An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.
  • “ (2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.

[Source : Copyright (New Technologies) Amendment Act 2008 No 27, Public Act -- New Zealand Legislation.]

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Tagged as: copyright, law

9 comments

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{ 6 comments… read them below or add one }

Maria 15 October 2008 at 02:44 01

Sounds good to me! But can it be enforced?

Reply

Miraz Jordan 15 October 2008 at 08:26 04

Thanks Maria.

While I can never make head or tail of such law, this one is causing a huge stink in New Zealand just now. Here’s what the authoritative Internet NZ say:

Section 92A, when it is brought into force, will require ISPs to “reasonably implement” a policy to disconnect ”in appropriate circumstances” the internet services of users who have repeatedly downloaded or uploaded infringing music, movies, games and other copyright material. “The Act gives no guidance on what ‘reasonably implement’ or ‘in appropriate circumstances’ mean,” Mr Chivers said. “This leaves the door wide open to those who seek disconnection of an alleged repeat infringer based on flimsy evidence, or worse, allegations alone.”

[Via : ICT industry moves to address copyright confusion — InternetNZ.]

Reply

Maria 15 October 2008 at 08:32 53

I think it’s the uploaders that should be stopped. I think that in a lot of cases, the downloaders don’t even know that what they’re downloading is copyright protected and illegal to distribute in that fashion.

Reply

boothey 04 November 2008 at 23:07 18

How can a breach take place of you were not warned by the site you are downloading from that you are downloading copyrighted material.So technically no breach has taken place as you were not aware of any offending taking place.

Reply

faceleg 01 January 2009 at 14:13 04

Is it just me, or does this act make “internet privacy” a joke?

Reply

NICK 02 February 2009 at 12:46 38

AWWZUM

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