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3:34 pm
December 30, 2011
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anonnz
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Hello,
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.
Thanks
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9:41 pm
December 30, 2011
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LittleDude
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Perhaps you could bring this up on the Orcon section on GeekZone. A number of the forum members work for Orcon and may be able to investigate. By the way, how was the album downloaded(LimeWire, torrent, public or private site etc)?
Anyway…good luck 
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11:14 pm
December 30, 2011
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anonnz
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In an effort to incriminate myself further, bittorrent – public tracker.
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2:35 pm
January 6, 2012
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Susan
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| Moderator
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First, thanks so much for sharing this with the forum. It is important that these stories are made public.
Second, I want to make clear that nothing posted on 3strikes.net.nz constitutes legal advice.
Third, I think that your case is a perfect challenge candidate. You took measures to remove the infringing material and the software. Provided you did it correctly, the second notice is a mistake. Even if you did not fully remove the file and software, you did make an effort to do so, which is definitely worth expressing.
Please take a look at the Challenging a Notice subsection of the Notices page on this website. This will provide you with helpful information on the process, including important steps you must take – such as identifying each work allegedly infringed. Please note that you have to challenge within 14 days of receiving the notice.
Keep us posted!
PS – note that even if you had downloaded the file 2 years ago, if you were seeding it recently that will trigger a detection notice. The law punishes at downloading as well as uploading.
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10:30 pm
January 6, 2012
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Thomas Beagle
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Hey, thanks for sharing the notice that you received.
Tech Liberty looked at the notice and compared it to the copyright law and the associated regulations – and we think there are a number of ways that the notice doesn't comply and is therefore probably invalid.
They haven't included all the necessary information and haven't done a proper notice identifier. And the bit about possibly losing your internet connection is incorrect. Read more detail here.
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1:47 pm
January 8, 2012
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anonnz
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Thank you for the information. I'll be sure to report back any outcomes of the challenge process.
A comment in the linked blog from Thomas' post questioned if the attachments contains further information regarding the notice. The only attachment is a form to assist with the challenge process. Unsure where to upload so I'll just paste the information here:
Challenge Notice
To Orcon Limited,
Username or Account Number:
Challenge Number:
Notice Number:
Date of Notice:
Ground(s) for challenging infringement notice:
[eg. that the notice has been sent to the wrong account holder, or that some or all of the alleged infringements did not take place. For more information on the process for challenging an infringement notice, and further examples of possible grounds, see http://www.med.govt.nz/templat…..nguage=EN.
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Date:
Signature:
Note: In order for a challenge to be valid, it must be received by Orcon no later than 14 days after the date of the infringement notice as set out above.
Once completed, please scan this document and email it to: copyright@orcon.net.nz or post it to: Orcon Ltd, 28 The Warehouse Way, Northcote, North Shore City, 0627 before the expiry of the 14 day period.
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9:18 am
January 10, 2012
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FlyingPete
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| Member | posts 4 | |
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What really concerns me about these is the fact they are emailed. Sure given the importance of these so called legal documents they should be posted as well as emailed. Personally as I own my own domain I rarely if ever check my ISP email box, so probably wouldn't see the notice, oh and what are the chances of a over zealous spam blocker catching one of these?
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12:06 pm
January 10, 2012
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dbuckley
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The regulations say that the notice should be delivered the same way that invoices are delivered.
I guess the logic is that you must be getting your invoices as you're paying the bills, and thus not getting disconnected for non-payment, right…?
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