Member log in

Fourth file sharing decision undefended

The Ministry of Justice filled in a gap this afternoon, providing NBR Online with the fourth file sharing decision (see links for decisions 1, 2, 3 and 5).

RAW DATA: Fourth file sharing decision.

The case's signature feature is that the un-named TelstraClear customer in question did not challenge any of the three-strikes notices, nor defend themselves at the subsequent Copyright Tribunal hearing.

So we don't know if he or she was directly involved, or if someone else was using their connection - or indeed almost any hard facts circumstances around the alleged offending.

The defendant's failure to respond ensured they got dinged under section 122N - aka the presumption of guilt provision under the file sharing law.

The TelstraClear customer used a BitTorrent client to share two songs, both by EMI artists - Beyonce and ColdPlay. 

He or she was ordered to pay $457.16 in damages - another modest total, at least in relation to the $15,000 maximum allowed by the Act. 

Tribunal members have so far rejected the "multiplier effect" argument put forward by Rianz (the Recording Industry Association of NZ), which argues file sharing software is also used to upload songs, compounding the damage to rights holders.

ckeall@nbr.co.nz

More by Chris Keall

Comments and questions
3

Two songs for three strikes - they seem to follow the trend of not only being dumb enough to get caught 3 times but also being so dumb they downloaded the same song twice!

The songs were uploaded, not downloaded (well, they were also downloaded, but the strike was for uploading).

If you download a song via bittorrent and don't remove it from your folder it will keep seeding indefinitely. Seems likely that this is the case here, where people have just left the file seeding and have been caught twice for the same song.

An easier way to go is to sign up to a Russian music downloading site such as Soundike. It's totally legal and songs are great quality are only 10 cents each after discounts. No need to do filesharing any more.