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Text of the RIANZ submission to the Copyright Tribunal

Posted on November 5, 2012

We recently wrote about RIANZ withdrawing one of the first cases to go to the Copyright Tribunal. We made some reference to RIANZ's claims and their attempts to rewrite the law and regulations to justify a claim based on the number of times the works might have been downloaded.

We've now made RIANZ's submission to the Copyright Tribunal available for download (PDF, 8.5MB).

Some points of interest include:

  • RIANZ admitting in footnote 25 that it might not be the account holder who downloaded the works but someone else sharing the connection.
  • The attempted rewrite of the NZ Copyright Act and regulations in para 30 to enable RIANZ to claim for each potential download.
  • The argument that the lack of challenges to the notices and the continuing file sharing showed that the infringer was flagrantly breaching the law, rather than being completely clueless about it.
  • The justification for asking for $1250 worth of deterrent penalties.
  • That RIANZ use Mark Monitor to track file sharing activity, a system that only downloads part of the work from the person they're accusing.

Feel free to add a comment with anything else interesting you find.