Details of Infringing File Sharing Regulations Revealed

Minister Simon Power announced today that the regulations covering the Infringing File Sharing law will set notice fees at $25 (the cabinet paper recommended $20 but Cabinet decided on $25 after ISPs suggested $40, CFF suggested $30, and RIANZ suggested $2). The cabinet paper [PDF] has many more details. As we tweeted on Friday the submissions will be released this week.

The law comes into effect on the 1st of September 2011 and the fees will be reviewed by cabinet on 1st March 2012.

We’ll update this story as analysis comes out…

Chris Keall at the NBR says,

An MED paper on the regulations, however, revealed Mr Power wanted a $20 fee which the minister judged more than adequate for ISPs to recover administrative costs. Cabinet obviously disagreed.

Rights holders may also be disappointed that they have to provide internet service providers with a laundry list of information about an alleged offerender. The MED’s regulations paper calls for 13 items of information about the alleged offender, and the time, date and other details of their alleged offending.

The MED paper sees a “$0.060m” shortfall, or what most humans would call $60,000, during the new law’s first year of implementation.

It projects the $200 fee for taking a case to the Copyright Tribunal will lead to a 6% cost recovery.

A article that’s quickly attracting comments says,

The new Copyright (Infringing File Sharing) Amendment Act – christened ‘Skynet’ by opponents – comes into force on September 1. The three-strikes warning system aims to stamp out illegal file sharing.

“Skynet” was first associated with the law by those who voted for it while demonstrating an embarrassingly poor understanding of copyright and the internet.

TechLiberty summarise the news,

1. The cost of making a complaint will be $25 (rights-holders argued for $2, ISPs for higher). This is to be reviewed after 6 months. (Minister recommended $20, Cabinet raised it to $25.)
2. The paper recognises that this fee will not allow for full cost-recovery by the IPAPs and will therefore push up internet costs for subscribers (point 25 on page 7).
3. Rights-holders can appoint an agent to act on their behalf to send notices.

(read more at TechLiberty)

See also: CFF submission on the regulations [PDF].

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