TelstraClear confirmed today they had sent out the first third strike notice under a new copyright infringement law passed this week.

The company said the alleged copyright infringer had illegally downloaded music, but could not comment further as it was now a matter for the Recording Industry Association of New Zealand (RIANZ).
 
The Copyright (Infringing File Sharing Amendment Bill gives accused copyright thieves three chances, or strikes, before slapping them with a fine of up to $15,000.
 
The controversial law was passed on April 14 after being rushed through under urgency originally called to pass Canterbury earthquake legislation.
 
The law is designed to stamp out illegal filesharing over the internet. It allows copyright owners to send evidence of alleged infringements to internet service providers (ISPs), who will then send up to three infringement notices to the account holder.
 
If the warnings are ignored, the copyright owner can take a claim to the Copyright Tribunal and the tribunal can make awards of up to $15,000 against the account holder. The tribunal currently has three part time members, according to the National Business Review.
 
But chief executive of Internet NZ Victor Kumar says the law is flawed as no proof is needed to make a charge.

“At the stage of sending a notice, they simply are allowed to send a notice with the information, and if you don't challenge it, it's assumed to be right," Mr Kumar said in August last year.
 
There is also a provision in the law that allows copyright holders to eventually apply through a court to have alleged repeat offenders' connections suspended for six months, with or without a conviction or proof, and it is this clause which has many internet users and civil libertarians up in arms.
 
The new regime would take effect on September 1. The notice regime would not apply to mobile networks until October 2013.
 
"Currently, copyright owners lack an effective enforcement measure against illegal file sharing," says Defence Minister Wayne Mapp, speaking on behalf of Commerce Minister Simon Power.
 
"The compromise provides the right balance between internet users and an effective deterrent against file sharing."


Original article published by 3 News.
Link to original article: http://www.3news.co.nz/Skynet-law-lands-first-alleged-culprit/tabid/412/articleID/250716/Default.aspx