As per the media reports, a "notice and notice" system is being called for by InternetNZ to replace section 92A of the Copyright Act.
A notice and notice system has been promoted by the InternetNZ in its submission to the Ministry of Economic Development on the section 92A review. In notice and notice system, alleged copyright infringers are sent notices about the infringement by ISPs, if the ISP receives complaints from owners of copyright material.
"ISPs would be obliged to retain a record of the number of notices sent to a particular customer, and to maintain an anonymized register of frequent infringers," reads the submission.
The submission continues that rights' holders could apply to the courts for the release of the customer details of the most frequent infringers of their rights, provided they are convinced of significant infringement by the customer or customers of a particular ISP. It should be noted that ISPs would not need to identify repeat alleged infringers themselves.
The submission continues, "It is non-commercial copyright infringers - private citizens using the internet who are infringing copyright - that any replacement for section 92A should target, not commercial operations engaging in mass copyright infringement."
Furthermore, any person who is infringing copyright commercially and on large scale is engaging criminal behavior. He should thus remain liable to strong action by the courts and, if necessary, by the police. The submission should not, therefore, deal with it.
In a similar manner, if technologically competent internet users involve in large-scale infringement, then they should be dealt with by the existing penalties under the law. InternetNZ also condemns the termination of users' accounts, as proposed by the original section 92A.
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