Member log in

Orcon, Vodafone, Telecom, TelstraClear receive infringement notices

UPDATED: Telecom has confirmed it received 42 infringement notices overnight from the Recording Industry Association of New Zealand (Rianz).

An infringement notice is the first step in the so-called three-strikes warning process that can culminate in a $15,000 fine (see NBR's run-down here).

Telecom senior media and communications consultant retail Anna Skerten said the telco had received its first notices over night, with 42 in total coming from the rights holder group, RIANZ.

Of these, 35 had been sent for the download of songs by Rihanna, she said. Rihanna is signed to Def Jam/Island, a record label owned by Universal Music.

Six were for Lady Gaga songs and one for Taio Cruz, Ms Skerten said. (Both artists are also signed to labels in the Universal Music Group).

The notices were all to different IP addresses, Ms Skerten said. 

This is as per the Act, and could translate to 42 people who have allegedly infringed copyright.

She said Telecom would be checking the notices were valid and then processing them within the seven day time period allotted by the Act.

Vodafone external communications manager Michelle Baguley said Vodafone had received notices and was processing them, but the telco had decided not to disclose notice numbers.  She said Vodafone was suggesting journalists contact NZFACT and RIANZ for detail.

TelstraClear spokesman Gary Bowering said the telco had received 27 infringement notices late yesterday afternoon and was in the process of validating them.

"If they are found to meet the criteria of the new file sharing regulations then we will pass on these allegations to the relevant customers in accordance with the obligations set out in the Copyright (Infringing File Sharing) Amendment Act and regulations."

He said it was TelstraClear's policy not to provide detail on matters relating to individual customers or the business of rights holders.

This made a total of at least 75 infringement notices received so far, with at least 48 received overnight from RIANZ.

NZFACT executive director Tony Eaton said the organisation was currently considering its options and remained of the view that for the Act to be workable such that rights holders could equitably protect their works, several provisions of the Act needed to be reviewed, including the high cost of issuing notices.

"We believe a workable solution can be found for all creative communities moving forward and have no further comment to make at this time."

RIANZ said it had no comment to make other than to confirm that the process was now well underway.


Orcon has received its first infringement notices under the Copyright (Infringing File Sharing) Amendment Act.

Spokesman Quentin Reade confirmed today that the telco had received six infringement notices overnight, five of which were for Rihanna tracks.

All of the notices were for alleged copyright infringements of music, he said, and were all for different IP addresses.

The telco was in the process of forwarding the notices today, Mr Reade said.

The amendment act came into force on September 1 and a month on, no major ISPs contacted by NBR (Telecom, TelstraClear and Orcon) had received infringement notices.

Vodafone directed NBR to the New Zealand Federation Against Copyright Theft (NZFACT) and the Recording Industry of New Zealand (RIANZ).

The Act was implemented to deter copyright infringement and protect local content, rights owners have said.

The Act has been controversial and generated physical and online protests, with detractors saying the law is weighted to favour rights owners and takes a guilty until proven innocent approach, while rights holders say illegal downloading costs the New Zealand film and music industries millions.

It allows for a maximum penalty of $15,000 after a 'three strikes' process of notices. For a run down of the Act, see here.

More by Alex Walls

Comments and questions
26

RIANZ Fighting the good fight to protect mass produced pop culture from other countries. Looks like that law is really helping New Zealand prosper ... soon we'll have as many lawyers as the USA and be suing each other for the hell of it.

Luckily I cannot stand Rihanna...

...I wonder if TV programmes will be targeted...

Let everybody pull together.
What a bunch of imbociles

There are 704,000 results from a YouTube search for Rihanna, and that one can see the video and hear the official music for free there.

Meanwhile Rihanna's music is $2.39 a pop on iTunes NZ.

So there are cheap legal alternatives and free alternatives. I suspect that some parents will receive a wake-up call. I also suspect that the downloaders will be scratching their heads and wondering why a $2.39 song warrants such draconian laws.

It's good to see the important New Zealand content being protected. That content was so central to the debate that introduced this legislation.

And gosh the music is bad. Try the Naked & Famous instead.

Who would want to download NZ music any way
Isnt it 100 copies to go platinum in the land of the long white cloud
Ha Ha

They really missed a trick here. They should have chosen an NZ artist to "defend" first rather than a US artist.

Shows they are not at the forefront of protecting a developing NZ artists

we use to be able to "download" music from the radion into a cassete and "download" films from the TV, we can record programmes with freeview and mysky. all that has changed is the technology. this law should be deleted.

I can capture music off FM radio of the same quality I can get from iTunes.. Not as convenient but untraceable...

I can't understand it . I can download movies off TV and songs off the radio onto Tapes DVD and videos etc. An now because I view TV through the internet Im fined if I record the bloody stuff the world is nuts and this law is unjust.

anyone know where I can download some rihanna?

Every single penny denied to music publishing can only do good.

Lets use some logic here. Theft under $100 carries a maximum fine of around $1000 dollars.

Stealing is not piracy.

If you pirate a $2.39 song you havn't stolen it as they still have the song, you have copied it. Yet this carries a maximum penalty of $15,000

So, Instead of copying music online, go into a store and steal the CD. You will get in less trouble.

It's poetic justice that these people be punished for their taste in music, by proxy or otherwise.

In response to Anonymous . | Tuesday, November 1, 2011 - 2:46pm

Uh...imbecile

orcon should be fined for having zero empathy with their clients. Thankfully I will shortly be telling them to stuff their so called service where the sun don't shine. What a bunch of *******.

In response to deathr0w | Tuesday, November 1, 2011 - 7:50pm

why, is she Tron?

If you pirate a $2.39 song and put you internet connection at risk, you're not only cheap but stupid too. There are plenty of legal options, use them.

Riahnna! Ohhh my! try something more valuable!

Just start using an Anonymous IP address!

The industry calls them "Pirates". As an artist I call them "Fans" and I do NOT want them fined massive amounts for giving me free publicity & personal recommendations. Sod off RIANZ

Further, the passing of the 3strikes 'skynet' law by us & other countries is being used by the same corporations to push through the 'Protect-IP Act' in the USA. An act that will allow these corporations to shut down websites/domains such as Fan fiction, Fan art, & Tumbler amoung many many others which are the melting pot/Training grounds of our next generation of artists, writers, graphics artists & programers. Not to mentions killing sites such as wikileaks without even the hassle of the boycotts that they're using now. Through out government we are making this possible and we, and the whole world around us, will pay.

Just a question, the company that you bought your domain name from... where is it ultimately based? Who owns the company that is hosting your website? Or the websites you love to follow? And even if your website is hosted outside of America, this law will allow them to block it from being accessed by your American market or any search engine if it is deemed controversial or in breech of any of a number of very non-specific regulations. Can you afford that? We are allowing this to happen by allowing the 3 strikes law to stand here in NZ.

Music didn't start with the phonograph and it won't end with file sharing.

In response to nzben | Tuesday, November 1, 2011 - 2:54pm

love the sarcasm and the point is valid. such a song and dance was made about protecting NZ talent. rianz are, it seems - puppets on an american string . "booo"

It's good that they are getting people with terrible taste. If you download Rihanna and Lady Gaga, you deserve to be fined

Post new comment or question

Login to use your NBR member name
Full HTML is not supported but you can use the following tags in your comments:
Link: <url>link</url>
Quote: <quote>text</quote>