Section 92A, when it is brought into force, will require ISPs to “reasonably implement†a policy to disconnect â€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.â€
Copyright Act s92A – what it says
“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.â€Unfortunately, that’s pretty much all it says. The phrases “reasonably implementâ€, “in appropriate circumstances†and “repeat†are all essentially undefined and open to a wide range of interpretations.
Next month, New Zealand is scheduled to implement Section 92 of the Copyright Amendment Act. The controversial act provides ‘Guilt Upon Accusation’, which means that if a file-sharer is simply accused of copyright infringement, they are immediately guilty. The punishment - summary Internet disconnection.http://www.tcf.org.nz/news/01078523-35f5-41c4-b8bc-7ed0b4d07848.html
http://torrentfreak.com/campaign-to-stop-file-sharers-being-guilty-upon-accusation-090105/
http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10552598
