Graduated Response Update

There have been some recent developments in New Zealand and the United States regarding proposals to take action against copyright infringers through graduated response schemes.

In New Zealand, following a failure to reach agreement regarding a Code of Practice which would have set the policies and procedures for the disconnection of account holders, the Government has decided not to implement the controversial s92A provision. The Government has stated an intention to review the introduction of the scheme and will consider amending the legislation to address concerns about its implementation.

In recent days reports from the United States suggest that Comcast, AT&T and Cox are all in the process of commencing a system whereby copyright infringers are notified that their activities have been detected. Verizon is the only major ISP to categorically state that they are not taking part. Whilst Comcast and AT&T have suggested that this is merely an educative mechanism that involves no penalties and no account terminations, Cox have stated that they have disconnected a small number of offenders as part of their scheme but that it is merely an extension of a system that had already been introduced. There are conflicting reports as to whether these developments are part of an agreement with the RIAA or simply steps the ISPs are taking on their own with no major announcement from either party to date.

Further Reading:
OpenContentAustralia, 3 Strikes. You’rree OUT! (1 February 2009) <http://ocarr.blogspot.com/2009/02/3-strikes-yourree-out.html> at 29 March 2009

OpenContentAustralia, NZ Delays Guilt Upon Accusation (25 February 2009) <http://ocarr.blogspot.com/2009/02/nz-delays-guilt-upon-accusation.html> at 29 March 2009

ArsTechnica, "3 strikes" strikes out in NZ as government yanks law (23 March 2009) <http://arstechnica.com/tech-policy/news/2009/03/3-strikes-strikes-out-in-nz-as-government-yanks-law.ars> at 29 March 2009

ZeroPaid, New Zealand Scraps “Three-Strikes” Law - For Now (25 March 2009) <http://feedproxy.google.com/~r/zeropaid/~3/omF46abE95Y/> at 29 March 2009

TechDirt, New Zealand Dumps 3 Strikes Plan... For Now (24 March 2009) <http://www.techdirt.com/articles/20090323/1311354215.shtml> at 29 March 2009

The Register, Kiwis scrap 'three strikes' P2P policy (24 March 2009) <http://www.theregister.co.uk/2009/03/24/new_zealand_delays_three_strikes_policy/> at 26 March 2009

Digital Music News, Three Strikes Gets Struck In New Zealand... (23 March 2009) <http://www.digitalmusicnews.com/stories/032909nz> at 25 March 2009

CNet News, AT&T first to test RIAA antipiracy plan (24 March 2009) <http://news.cnet.com/8301-1023_3-10203799-93.html> at 26 March 2009

Digital Music News, AT&T Clarifies: No Takedowns, No Three-Strikes... (26 March 2009) <http://www.digitalmusicnews.com/stories/032509att> at 29 March 2009

TechDirt, AT&T And Comcast's Non-Denial Denial Of Three Strikes (26 March 2009) <http://www.techdirt.com/articles/20090326/1309454265.shtml> at 29 March 2009

ZeroPaid, AT&T Begins Helping RIAA Fight P2P (26 March 2009) <http://feedproxy.google.com/~r/zeropaid/~3/2D_rwQcJMCM/> at 29 March 2009

ArsTechnica, AT&T tests RIAA P2P program, but refuses to sanction users (25 March 2009) <http://arstechnica.com/tech-policy/news/2009/03/att-joins-riaa-program-but-refuses-to-sanction-users.ars> at 29 March 2009

CNet News, AT&T exec: ISP will never terminate service on RIAA's word (25 March 2009) <http://news.cnet.com/8301-1023_3-10204514-93.html> at 29 March 2009

TechDirt, ISPs Testing RIAA's 3 Strikes Program (25 March 2009) <http://www.techdirt.com/articles/20090325/0933064249.shtml> at 29 March 2009

Digital Music News, RIAA Responds: We're Making Important Progress... (26 March 2009) <http://www.digitalmusicnews.com/stories/032509riaa> at 29 March 2009

CNet News, Comcast, Cox cooperating with RIAA in antipiracy campaign (25 March 2009) <http://news.cnet.com/8301-1023_3-10204047-93.html> at 29 March 2009

Digital Music News, But Wait: Cox Suspending 'Tiny Fraction' of Users... (27 March 2009) <http://digitalmusicnews.com/stories/032609cox> at 29 March 2009

Digital Music News, Comcast Responds: No Three-Strikes, 'Nothing Has Changed'... (27 March 2009) <http://digitalmusicnews.com/stories/032609comcast> at 29 March 2009