Hi all,
The processes have been documented by the TCF based on the Law, and they are available on the Rick Shera blog page (consultant for the TCF)here: http://lawgeeknz.posterous.com/copyright-infringing-file-sharing-amendment-a
Note that an infringement can be any download (read upload), not just the same file 3 times and it does not have to be the same rights holder in order for an end-user to progress to a 2nd/3rd notice.
In the event that the tribunal makes an award, who receives the (up to) $15k, assuming the Account Holder can and does pay up? If this simply lines the government's coffers that's straightforward enough, but if the award is made with the RH as the beneficiary (presumably that is the RH's motivation in seeking proceedings), and as Matthew suggests, there may be up to three different RH's involved, how is the award divided? Do the RHs have to demonstrate the relative value of their copyright? If there are indeed three RHs, which one initiates the enforcement proceedings? Is the fact that the AH has received an Enforcement Notice released only to the RH who is associated with the Enforcement Notice, or to the RHs associated with the first two notices as well? If three RH's are given access to the tribunal in relation to one user, does the tribunal have the ability to annul two sets of proceedings, or does the user risk three sets of fines? And on what basis does the tribunal determine how much to award? On the basis of actual loss of the RH perhaps? Net or Gross of, say, the movie theatre's margin in the case of a film (with or without the popcorn?), or the retailer and distributor's respective margins in the case of a software title? It's going to be bad enough sifting through this for the ISPs, but I'd really hate to be the guy running the tribunal. -- Erin Salmon