On Tue, Oct 28, 2008 at 1:28 PM, Mark Harris
Cherry pick the articles, by all means, but don't cherry pick the legislation. Section 92 has more than one part:
"92D Requirements for notice of infringement A notice referred to in section 92C(3) must— "(a) contain the information prescribed by regulations made under this Act; and "(b) be signed by the copyright owner or the copyright owner 's duly authorised agent. "
No mention of courts or convictions there. The regulations referred to have not yet been made public, but the intent of the law is clear that the court process is to be avoided if possible, as it is too slow.
Fair comment, but I did review that, and section 92D specifies the requirements for a notice of infringement. I have been unable to find any statements in the act that define having a notice of infringement served equalling actually being an infringer. Section 92A refers to "repeat infringers" and defines this (in somewhat of a tautology) as "a person who repeatedly infringes the copyright in a work [snip]". It doesn't define a "repeat infringer" as "a person that has had multiple infringement notices lodged against them". Now, IANAL, but I do know the difference between being accused and being found guilty. Now, back in the real world, I wouldn't want to be the person (or service provider) to test this, but it's clear that the law as written pertains to infringers, not those accused of infringement. Cheers - N