The first of eight prosecutions brought under New Zealand's three-strikes copyright law (passed as a rider to the emergency legislation freeing up money to provide relief for the Christchurch earthquake) has fallen apart.
The RIANZ (Record Industry Association of NZ) withdrew its case against a student in shared accommodation without saying why.
However, as Torrentfreak reports, NZ activists at Tech Liberty point out that the notices sent to the student, and the damages claimed, were all badly bungled and unlikely to withstand legal scrutiny.
The recording group asked for just over NZ $370 (US $303) to cover the costs of the notices and copyright tribunal hearing, plus NZ $1,250 (US $1,024) as a deterrent. However, eyebrows were certainly raised when it came to their claim for the music involved in the case.
The infringements were alleged to have taken place on five tracks with the cost of each measured against their value in the iTunes store, a total of NZ $11.95 (US $9.79). This sounds reasonable enough, but RIANZ were actually claiming for $1075.50 (US $880.96).
“RIANZ decided, based on some self-serving research, that each track had probably been downloaded 90 times and therefore the cost should be multiplied by 90,” says Tech Liberty co-founder Thomas Beagle. “There is no basis in the Copyright Act or Tribunal regulations for this claim.”
I don't think we can count on this kind of cack-handedness in the future. The RIANZ will perfect its procedures soon enough, and we'll start seeing punitive fines and even disconnection based on mere accusation of living in a house where the router is implicated in an unproven allegation of copyright infringement.
Music Biz Dumps First Contested Copyright Case After Botched 3 Strikes Procedure
The Ontario Progressive Conservative Party has issued an apology to attendees at a 3-day, $300-400 Conservative Leadership Foundation seminar where attendees experienced sexist epithets, thrown shoes, and denial of food and drink.
Angela Corey is state attorney for Florida’s 4th Circuit, where she’s put children as young as 12 on trial as adults, facing life in prison — in solitary, because children can’t be mixed with adult populations — without counseling, education, or any access to family.
Retired Brigadier General John Adams served for 30 years, including a stint as a military intelligence officer: in an op-ed in The Hill, he says that while he supports trade deals, the secretive Trans Pacific Partnership has almost nothing to do with trade, and will hasten America’s de-industrialization, making it harder for the US military […]
If you’re like us, you occasionally get ambitious with your dinner and try to cook multiple sides plus a main dish. These efforts usually end as a cold meal plus a pile of dishes to wash. MasterPan Multi-Sectional Meal Skillet makes it super easy to make multiple dishes at once without the hassle. This heavy gauge bottom pan […]
The Lytro Illum is our all-time best-selling camera and here’s our best deal yet. Apply the code “Lytro10” to save an extra 10% off on this camera’s mind-blowing functionality in this exclusive one day only sale.
If you’re looking to earn a top salary in the tech industry, there’s no better career than coding. However, sometimes the hardest part of entering this career path is knowing where to begin.We took the Complete Web Developer Course because it took that decision out of our hands. This course teaches beginner-friendly coding languages that will also help land an immediate […]