Orcon has been pulled up over one of its copyright infringement notices, sent to a customer for allegedly filesharing Linkin Park. The Dominion Post is reporting that "...an infringement notice issued by state-owned internet provider Orcon that was posted online by lobby group Tech Liberty is missing information required by the act.
The legislation stipulates warnings must set out the time each infringement occurred, down to the second, and name the file-sharing application or network used to pirate the work, as well describe the nature of the work and type of breach alleged to have occurred.
None of that information was included in the notice issued by Orcon. Spokesman Quentin Reade said it was "seeking legal clarification on the matter" and would reassess its infringement notices if necessary..."
Orocn's infringement notice incorrectly claims that the account holder is liable for a six month suspension of their internet access. This provision is in the current law, but not in effect. The Govt has said they will only introduce the six month suspension if the current provision for up to $15,000 fines for 3 infringements proves ineffective.
The Orcon customer says that " In November I received a detection notice from my ISP (image). I found the culprit PC which may have been seeding this file – note that it would have been downloaded at least 2 years prior to this law came into force. But take it on the chin as the file appeared to be seeding on a PC which is rarely used.
After removing the file, the torrent and any software capable of downloading/uploading I thought that would be the end of it.
Now a month or so later, I have received a warning notice (image) for the same copyrighted material. Now there is no way that this could have occured due to everything being removed/disabled.
I intend on challenging the notice and wanted to ask the community if there is any provision for double jeopardy as it were? Secondly, to share the information so others can be aware. Time to change ISP/account holder methinks."