SkyNet Law: Guilty Until Proven Innocent!
How does the new so called SkyNet Law make you guilty until proven innocent?
Here's how:
Section 122C: Says that a rights owner can provide your ISP with an infringement notice, specifying your IP address, as the source of an alleged copyright infringement.
They don't need to know who you are. And they do not need to provide any proof that you have infringed.
Section 122J: After your 3 notices (Sections 122D-F), The rights owner can apply to the Tribunal.
They must provide evidence that they are the owner of the copyright material they have alleged you have infringed, but again not any proof that you have infringed.
Section 122M: I quote "an infringement notice is conclusive evidence".
So just the notice is considered conclusive evidence that you have infringed ... that notice they could send you without having any proof in the first place. Ie. Because they send you a notice, you are presumed guilty.
Further in Section 122M: You may give evidence that the notice they have provided is incorrect.
And there you have it: You must prove that you are innocent.
And on that last note, it's impossible to prove your innocence, demonstrated by the following argument:
Defendant: "I don't have a copy of the infringing file, so must not have downloaded/shared it"
Rights Owner: "She downloaded/shared the file and has now deleted it, therefore the lack of the file does not prove her innocence."
This can be applied to any logs, sharing programs, or the like that you can try and claim you don't have.
Anyone who has anything copyright (I suggesting a finger paint picture, or a little ditty poem) can make this claim against every single person who has a computer or smart phone on the internet, claiming up to $15,000 for each infringement. They will have to prove their innocence, which will be impossible to do.
Source of SkyNet Law: http://www.legislation.govt.nz/bill/government/2010/0119/latest/whole.html
Here's how:
Section 122C: Says that a rights owner can provide your ISP with an infringement notice, specifying your IP address, as the source of an alleged copyright infringement.
They don't need to know who you are. And they do not need to provide any proof that you have infringed.
Section 122J: After your 3 notices (Sections 122D-F), The rights owner can apply to the Tribunal.
They must provide evidence that they are the owner of the copyright material they have alleged you have infringed, but again not any proof that you have infringed.
Section 122M: I quote "an infringement notice is conclusive evidence".
So just the notice is considered conclusive evidence that you have infringed ... that notice they could send you without having any proof in the first place. Ie. Because they send you a notice, you are presumed guilty.
Further in Section 122M: You may give evidence that the notice they have provided is incorrect.
And there you have it: You must prove that you are innocent.
And on that last note, it's impossible to prove your innocence, demonstrated by the following argument:
Defendant: "I don't have a copy of the infringing file, so must not have downloaded/shared it"
Rights Owner: "She downloaded/shared the file and has now deleted it, therefore the lack of the file does not prove her innocence."
This can be applied to any logs, sharing programs, or the like that you can try and claim you don't have.
Anyone who has anything copyright (I suggesting a finger paint picture, or a little ditty poem) can make this claim against every single person who has a computer or smart phone on the internet, claiming up to $15,000 for each infringement. They will have to prove their innocence, which will be impossible to do.
Source of SkyNet Law: http://www.legislation.govt.nz/bill/government/2010/0119/latest/whole.html