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ExtraTorrent.cc > Articles > The First File-Sharer Fined in New Zealand

The First File-Sharer Fined in New Zealand

The First File-Sharer Fined in New Zealand

Added: Thursday, February 7th, 2013
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extratorrent.com
The country’s “three-strikes” anti-piracy legislation can celebrate its first victim – one of the infringers received a fine for downloading two songs through a peer-to-peer application.

New Zealand seems to return to the infamous file-sharing cases related to the Recording Industry Association of America. With this case the local branch of the trade group recently claimed their first fine from the New Zealand’s Copyright Tribunal.

The first punished pirate of the country appeared to be a woman accused of sharing two songs on the web – one of Rihanna and one of Hot Chelle Rae. The first song was for some reason downloaded twice. A year ago, the country implemented a “graduated response” regime to fight unauthorized file-sharing – a system inspired by the new anti-piracy law which comes into effect this February.

The accused woman admitted to illegally sharing the Rihanna song once, but claimed that its second download happened due to a technical confusion – the woman didn’t realize that her file-sharing application was still uploading the song. She provided written explanation to her deeds, saying the first song downloaded was “Man down” by Rihanna and she accepted responsibility for that. The woman explained that she downloaded the song in question unaware of the fact that doing so from that website was against the law. However, when that song was downloaded to her PC, uTorrent client was still saying that the file was downloading. She assumes that might cause the song to register twice as downloaded. Although the woman was unsure if that was possible, she had no other sane explanation to why she would try to download the same song twice. She kept receiving a pop-up warning saying that it seemed like the file-sharing client was already running but not responding, but only figured out how to delete the file that it was still trying to download. However, the woman still couldn’t delete the whole application until just recently when she got someone to look at it. The matter was that after she received the warning letter, she concluded that having uTorrent on her PC was causing the warning regarding downloading.

At the moment, 11 similar copyright violation cases are lined up for unfolding, with the only difference being in the size of the fine. The penalty in this particular case was $NZ616.57, but future cases could see larger amounts issued.

Thanks to TorrentFreak for the source of the article

February 7th,2013

Posted by: 

Date:  Thursday, February 7th, 2013

Comments (12) (please add your comment »)

posted by (2013-02-07 15:00:51)
crazymichael avatarNew Zealand have always been arsholes.If you have Manhunt 1 or 2 the game wether its copyright or not its a criminal offence and you face a criminal record just for playing a game.

posted by Blocked (2013-02-07 17:40:03)
skreamer avatarfyi @ current exchange rate approximations $NZ616 = $US 500 = GBP 325.

posted by (2013-02-07 20:29:42)
dikhed avatarWell i guess im stuffed then as ive been down/uploading up to a tb of stuff a month. Crazymicheal yoy are the arshole buddy. Take you box of tissues and go have a cry somewhere else.

posted by (2013-02-08 01:31:30)
nizmo avatarwhy do mostly people who don't know how to use a computer or the program they used without knowing how to use them get caught lol

posted by (2013-02-08 23:54:08)
belterith avatartime to encrypt those hard drives lol

posted by (2013-02-10 15:56:45)
lierlier97 avatarthat was only two songs many peoples upload full piracy albums
but thats wat we need

posted by men (2013-02-11 19:01:20)
topaz18046 avatarThe general defense against this sort of thing is: Firstly clog the court system. Always contest the charge/s. Always get adjournments. Don't waste money on a lawyer. When forced to finally front the case/s. Have the matter dealt in a higher court. Continue adjourning until forced to show your defense. Then hit them with the Spanish defense: You had a party at your place and someone used your computer! If you lose the case just make an arrangement (without the need to declare bankruptsy) to pay off the fine at $10 a month! If a proxy is not used for anonymity...I suggest that you simply do not answer your doorbell unless you know who is at the door. Police cannot kick the door in on low court matters. Any official looking letters...forward them to the address of a caravan/trailer park in another state, preferably 2,000 miles away! (Street address only). I would not use peer to peer to download a song...simply play it on YouTube and download it with VideoGet etc.

posted by Trusted UploaderSite FriendET loverTurtle (2013-02-12 05:02:39)
Carjacker avatarShe deserved that fine just on the fact that she actually downloaded something by Rihanna...I wouldve fined her just for her bad taste in so-called music.
Then again, in her defense, she definitely shows she really is stupid by downing that sh*t file.

posted by (2013-02-12 10:21:51)
BenjaWiz avatarCarjacker, Your a hypocrite being that you are on a torrent site downloading the very same files your saying this person shouldn't have downloaded seriously? dude it's copywrong what is happening to people.

posted by (2013-02-12 10:53:49)
BenjaWiz avatarThey will never probably get the money and I think this is probably civil law not criminal.

posted by Trusted UploaderSite FriendET loverTurtle (2013-02-12 12:31:27)
Carjacker avatar@BenjaWiz- WTF? If I ever down a Rihanna file (unless its a nude pic of her) let someone shoot me in the face and put me out my misery...
Obviously, you either didnt understand my post to post back at me what you said or you didnt read it completely.
Ugh, Ill take a bet that YOU listen to Rihanna and other crap 'music',lol.

posted by (2013-02-13 02:54:39)
BenjaWiz avatarNah man just standing up for freedom of choice I do however think music artist should get rid of the middle man the RIAA.

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