The Copyright (Infringing File Sharing) Amendment Bill was rushed through parliament last night and this morning. The Bill is a compromised version of the controversial Section 92A, which was met by energetic public opposition in 2009.
As previously
discussed, the Bill includes an enforcement regime that provides for punishment of repeat copyright infringers. Under the regime, after an alleged infringer has received three enforcement notices, the relevant copyright holder may apply to the Copyright Tribunal to enforce a penalty of up to $15,000 on the infringer. If the fines do not act as a sufficient deterrent, and the offending continues for at least two years, the copyright holder may apply to the District Court to have the infringer’s account suspended for up to six months. The Bill does not limit the ability of the infringer to obtain a new account from another ISP.
Critics of the Bill argue that it reverses the traditional onus of proof by presuming a plaintiff does in fact have the rights it asserts, and that the defendant has infringed those rights. In addition, many opponents believe it was inappropriate for Parliament to rush through a controversial Bill under an urgency order intended to deal with the Christchurch earthquake.
Despite these concerns, the new regime will come into force on 1 September 2011.