Uncertainty around file sharing bill continues

05.11.2010
InternetNZ is concerned a new section of the Copyright (Infringing File Sharing) Bill, suggested by the , reverses the usual principle of innocence until guilt has been proved.

The pertinent section 122MA says: "In proceedings before the Copyright Tribunal, an infringement notice is conclusive evidence of the following:

"(a) that each incidence of file sharing identified in the notice constituted an infringement of the right owner's copyright in the work identified:

"(b) that the information recorded in the infringement notice is correct:

"(c) that the infringement notice was issued in accordance with this Act."

However, it continues "an account holder may submit evidence, or give reasons, that show that any one or more of the presumptions in [the above paragraphs] do not apply with respect to any particular infringement identified in an infringement notice.