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Copyright Act Amendment
http://www.cab.org.nz/aboutus/news/news/Pages/P2Pfilesharing.aspx
Internet file sharing law takes effect 1 September 2011
From 1 September, the Copyright (Infringing File Sharing) Amendment Act makes it easier for a copyright holder to take someone to court for peer-to-peer (P2P) file sharing of copyrighted material.
Under this law change:
- If you are detected as file sharing a movie, piece of music, game, software or any other digital file that is protected by copyright, the copyright holder will ask your ISP (Internet Service Provider) to send you an infringement notice by email.
- If you have received three notices from the copyright owner, they can take you to the Copyright Tribunal. If you can’t prove your innocence, you could be fined up to $15,000.
What is P2P file sharing?
It is the sharing of digital files using an application or network that enables simultaneous sharing of files between multiple computers. BitTorrent is a popular P2P network which connects a large number of computers via the Internet to enable file sharing. It allows those computers to upload and download large files very quickly, compared to uploading or downloading directly from the Internet.
How does P2P file sharing work?
In a nutshell –
You join your computer to a P2P network by installing P2P software on your computer.
If you upload a file (e.g. your home-made movie), it is split up into smaller bits and shared across all the computers within the network. A “torrent” file is created which helps computers to find all the component bits.
When another computer user on the network searches for your movie file, the P2P software finds the torrent file and uses it to find all the bits of the movie file within the network. If and when all the component bits are found, the whole is downloaded onto that computer and any other computer within the network which has requested it.
Is P2P file sharing always illegal?
It is illegal if you use it to share a movie, piece of music, software or any other original work which is protected by copyright e.g. if you make a digital copy of a commercial movie, upload it to the P2P network and allow other computer users to download it.
How do I make sure I’m not breaking the law when I download something?
When you download material from a P2P network, you may not be able to tell whether it is protected by copyright until after it has been downloaded.
But you should be able to avoid unknowingly breaching copyright law if you avoid downloading for free, anything that you would normally have to pay to download, watch or listen to i.e. commercially-produced material.
InternetNZ suggests some security measures:
- Completely remove any used P2P software from your computer
- Tell everyone who uses your Internet account about the new law
- Make sure you understand your ISP’s information about your Internet usage
- Secure your computer, and your wireless connection if you use one
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