Copyright infringement: Google versus New Zealand

Why did New Zealand pass copyright infringement legislation regulating the internet?

Politicians in New Zealand recognized the abuses intellectual property rights owners (like motion picture studios and record companies) suffered at the hands of internet pirates, and sought to better protect their interests.

In an age in which hackers and profiteers can illegally reproduce digital media with little effort, the government of New Zealand enacted legislation to curb that trend. With record companies, motion picture studios, and other organizations losing upwards of several billions of dollars per year to their product being distributed, free of charge, by pirates over the internet, the New Zealand government felt the only fair thing to do was to pass a law protecting those corporate interests.

What does the New Zealand copyright infringement law do?

The New Zealand copyright infringement law allows those rights holders to ask Internet Service Providers (ISPs) to send suspected internet pirates a series of three notifications to cease and desist illegal activities online. If the pirates ignore the series of warnings given them by their ISP, the rights holder has the option of bringing the controversy before the Copyright Tribunal. If found guilty, suspected pirates could suffer fines up to $15,000.

Originally, the bill faced opposition by New Zealand’s Labour Party, but when the authors of the bill removed account termination from the Copyright Tribunal’s list of sanctions, Labour helped pass the act. Labour concedes that an account can still be terminated, but to do so would require a cabinet minister and the Governor General collaborating and signing a specific order. To the Labour Party, the rareness of this occurrence seemed like adequate protection for the rights of alleged pirates.

Why does Google not like New Zealand’s new copyright infringement law?

Though New Zealand’s Labour Party accepted the bill despite its original reservation, Google has constantly opposed the act. Specifically, Google claims that the act presumes the guilt of alleged pirates without need of a positive finding of infringement. To Google and other groups, requiring alleged infringers to prove their innocence seems the very anathema of the Common Law legal system from which New Zealand law derives.

Google Australia and New Zealand public policy and government affairs manager Ishtar Vij has thus requested that the clause in New Zealand’s bill suggesting a presumption of guilt be removed. On behalf of Google, Vij requested that the Copyright Tribunal be required to find some positive evidence of copyright infringement before an accused individual suffers the potentially vast consequences the bill includes. Google fears that unless altered, New Zealand’s law will biasedly favor the interests of major media companies with large litigation capabilities against individuals merely suspected of piracy.

Of course, if you have any questions about New Zealand copyright laws and the Internet, you should talk with a Kiwi intellectual property attorney.

Spain’s New Sinde Law Fights Internet Piracy

What does the new Spanish Internet Piracy law do?

Spain recently enacted Internet piracy legislation which would curb the ability of thieves to illegally reproduce and distribute digital media content in the country.

Named after the country’s cultural minister Angeles Gonzales-Sinde, the ‘Sinde Law’ marks a new aggressiveness Spain will employ to protect intellectual property from abuse at the hands of internet pirates. Specifically, the ‘Sinde Law’ makes an effort to shut down file-sharing web sites that allow for the easy distribution of copyrighted material.

Why did the Spanish government decide to pass the new Internet Piracy law?

Until the passage of the Sinde Law, internet pirates distributed materials online virtually free from any restraints whatsoever. As such, the sale of DVDs, CDs, and movie tickets swiftly declined, thus infuriating the rightful holders of the copyrighted information who saw their products enjoyed, for free, by a large number of Spaniards. This state of virtual anarchy over the preservation of intellectual property rights from abuse over the internet inspired some companies, especially the large media companies based in the United States, to consider leaving Spain entirely.

Considering their economic situation, Spanish officials decided the last thing their highly unemployed nation needed was for job-providing companies to flee the country. Amid claims from various multimedia companies to both remain in and expand to Spain if strict intellectual property measures were implemented, Spanish officials determined legislation was needed. Some even expect illegal distributors of copyrighted goods to change their business strategy and to become legal distributors of digital media as a result of the legislation.

Why are people opposed to the new Internet Piracy law?

Some people feel that the bill goes too far in its attempt to stamp out Internet piracy. Arguments have been made to the effect that the bill will curb free speech by preventing individuals from spreading ideas and content freely over the medium of the internet. These detractors also claim that the copyrighting system in Spain suffers from corruption and misuse, as evidenced by a police raid on the country’s main administrator of copyright for suspected embezzlement and money laundering.

The head of Spain’s film academy, Alex de la Iglesia, even resigned in opposition to the new legislation. In his view, the internet has revitalized an interest in Spainish cinema, and any attempt to curb the influence of the internet’s propagation of Spanish film should not be allowed. These concerns, plus the concerns of some on the others side of the spectrum who worry that the bill is simply not strong enough to deter internet piracy, will continue to play their part in changing Spanish politics.

Filed Under: Copyrights, CyberCrime, Intellectual Property, Internet Lawyer Tagged With: fights internet piracy, intellectual property rights, internet piracy, internet piracy law, internet piracy legislation, new aggressiveness spain, new internet piracy, spain8217s new sinde law fights internet piracy, spanish internet piracy, various multimedia companies

Liability Risks For Businesses That Provide Free Wi-Fi to Customers

What have companies done to increase business?

In an increasingly online world, many companies throughout the country have enticed customers into doing business by offering free internet access.

For example, coffee shops, automotive repair centers, and restaurants have all considered it economically advantageous to offer customers access to the internet as a means of getting them to purchase goods. This setup has benefitted both businesses, who don’t mind paying for the internet if it means an increase in traffic to their stores, and consumers, who now can access the internet for free in a variety of different stores. However, with new changes in regulations affecting the internet, businesses might implement stronger security controls over their internet networks.

Why has providing internet access to customers caused problems for businesses?

On July 6, the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) announced their plan to cut down on piracy over the internet. Through an agreement with internet service providers like AT&T and Verizon, suspected internet pirates will be sent a sequence of five messages which encourage the suspects to cease and desist suspicious conduct. If illegal conduct continues, internet service providers have agreed to slow internet speeds, or even remove a person’s access from the internet unless change occurs.

Given the risky nature of downloading illegal content over the internet, internet pirates have incentive to use the free internet access provided to them by numerous companies courting their business. By doing so, pirates can more easily evade punishments internet service providers, the RIAA and the MPAA wish to impose. Businesses however, can suffer fines up to $150,000 if they are found vicarious or contributing to illegal content being downloaded through their internet connections.

What can businesses do to protect themselves?

Since businesses are liable if they find out about illegal downloads taking place through their business and do nothing to stop those downloads, businesses should immediately report suspicious activities conducted over through their internet connections. Other actions such as posting signs, and verbally indicating to customers disapproval for illegal downloading could deter individuals from questionable activities. Businesses can also use password protection technology to deter unwanted individuals from secretly using a company’s internet access without that company’s consent.

Other options such as censoring internet access to sites suspected of illegal piracy could further bolster businesses ability to combat internet piracy on over their own networks. Though none of these protections are perfect, perhaps they can help the RIAA and the MPAA prevent internet piracy while allowing businesses to avoid the serious legal consequences possible if individuals download illegally through their networks.

Filed Under: Internet Lawyer, Privacy Tagged With: free internet access, Internet privacy, internet service provider, internet service providers, internet-lawyer, liability risks for businesses that provide free wifi to customers, motion picture association of america, recording industry association of america, wi fi privacy, wifi privacy