On Thu 08 Jan 2009 16:53:08 NZDT +1300, Steve Holdoway wrote: > Note, it states that ISPs must have a policy for terminating the > accounts of REPEAT INFRINGERS in APPROPRIATE CIRCUMSTANCES. Note the > term repeat infringers is well defined. Nowhere does it state that the > account can just be terminated without evidence.
And nowhere does that state that the ISP is required to collect evidence. The ISP may define "appropriate" as Hollywood seems fit. If you think that's out of touch, several years ago I read ISP T&Cs and they all stated something like "may terminate contract or pass on any user data upon violation of *any* law of *any* foreign country". Ridiculous for any business operating exclusively under NZ law. The amendment under discussion, as is common, supports copyright holders without protecting consumer rights. You're right that ISPs would have a commercial incentive to define "appropriate" not too much Hollywood, but to be honest I'm finding that a bit thin. > Sure, users must be aware of their ISP's policy, it'll be part of > the T&C's. But what about pre-existing accounts? Surely it can't > cover them retrospectively? Yes they can. They all reserve the right to change T&C on you any time. If you're lucky, they require themselves to give you X days notice. Your inaction will always be taken as acceptance of whatever they put over you. And generally speaking (doesn't apply in this case) the law always takes priority over existing contracts. That's why you get 4 weeks holidays when your contract only gave you 3. Volker -- Volker Kuhlmann is list0570 with the domain in header http://volker.dnsalias.net/ Please do not CC list postings to me.
