3 Count: Strike One

3 Count: Strike One Image

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1: Verizon Has Already Started Warning Pirates. Here’s What The First Strike Looks Like.

First off today, Kashmir Hill at Forbes reports that Verizon has had their impending “Six Strikes” policy leaked and, according to at least some, the copyright warnings have already started to go out.

The program, which is a joint effort between ISPs and copyright holders, allegedly with much prodding from the Obama administration, is managed by the Center for Copyright Information though every ISP is able to set its own policy. Verizon’s, which was originally leaked by Torrentfreak, provides suspected pirates with two warningswho are then required to watch a video about copyright law after the third and fourth warnings and face bandwidth throttling after the that.

However, despite rumors it would start later this month Verizon has apparently already started sending out some warnings as one user was warned that his connection was used to unlawfully download Game of Thrones. It is unclear if the notice was sent as part of the plan’s implementation or the continued testing of the system.

2: First NZ Three-Strikes Copyright Case to be Heard

Next up today, Josh Taylor at ZDNet reports that New Zealand’s Copyright Tribunal is set to hear its first “Three Strikes” case.

In September 2011 the country passed into law a “Three Strikes” bill that warned suspected pirates of copyright infringement and then, after the third strike, threatened them with damages between NZ$275 and NZ$15,000 (Approx $230 to $12,600) in damages.

Previous cases brought before the tribuna were dropped by the Recording Industry Association of New Zealand before they reached the Tribunal but now 11 cases are set to be heard. However, of the 11 cases, only one is set to be heard in person as the other ten will be heard “on the paperwork” meaning that there will be no hearing and all correspondence will be written.

3: YouTube’s Three-Plus Year Copyright Battle With German Music Rights Agency Rumbles On, As GEMA Breaks Off Negotiations

Finally today, Natasha Lomas at TechCrunch reports that YouTube’s ongoing negotiations with German rights group GEMA have grounded to a halt as GEMA has walked away from the negotiations.

GEMA represents more than 64,000 composers, lyricists and music publishers in Germany and the lack of licensing from them is a key reason why many YouTube videos are blocked in the country. GEMA had sued YouTube in 2010 and the court ruled YouTube had to use software to block infringing videos.

At the heart of the disagreement is how much YouTube should pay per stream. GEMA wanted 0.375 cents per stream and has asked the German Patent and Trademark Office to arbitrate if that was reasonable. Youtube wanted a lower rate. GEMA also takes issue with the message YouTube displays on blocked videos saying it is “misleading” and attempts to “influence the public and media opinion”.


That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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