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Tuesday, November 15, 2011

Three-Strikes Regime Around the Globe

After a number or unsuccessful attempts to implement the “three-strikes” system in New Zealand, the law has finally passed there. So, a full-pledged system has already been introduced and is expected to work efficiently. Meanwhile, the legislation has already made its first potential victims.

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The Recording Industry Association of New Zealand announced that it has filed forty-two violation warnings that have to be passed on to the Internet service providers working with the suspected copyright infringers. In order to comply with the new legislation, online providers will have to send out notification letters to the alleged unauthorized file-sharing users. If the notified users choose to go on with their illegal activities even after they receive a third warning, they run a risk of facing the Copyright Tribunal of New Zealand, along with a fine of up to $15,000, which may be granted if the defendant is found liable for infringement.

The so-called “graduated response” system has been stimulating the interest of many countries, some of them considering the possibility to implement it as their copyright legislation. Among the examples there are South Korea, the United Kingdom and France. The first country claims to have the most developed undergoing system, which was confirmed by the local music industry that saw a change for the better thanks to stricter piracy rules. As for the United Kingdom, the “three-strikes” legislation has been continuously delayed there, because Internet service providers and Internet user rights groups preferred to boycott the legislation. The situation is different in France, which is already sending out thousands of notifications. Still, the country hasn’t yet decided which sanctions to apply after the third strike.

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