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Deterrence in the Copyright (Infringing File Sharing) Amendment Act 2011

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dc.contributor.author Hyde, Rachel Emma
dc.date.accessioned 2013-01-11T02:30:49Z
dc.date.accessioned 2022-11-02T00:34:47Z
dc.date.available 2013-01-11T02:30:49Z
dc.date.available 2022-11-02T00:34:47Z
dc.date.copyright 2012
dc.date.issued 2012
dc.identifier.uri https://ir.wgtn.ac.nz/handle/123456789/28309
dc.description.abstract In 2011 Parliament enacted legislation designed to strengthen copyright enforcement and combat illegal file sharing. One of the most notable aspects of the legislation is the requirement that sanctions imposed under the Act must act as a deterrent to further infringing. This essay argues that the introduction of a deterrence standard in the legislation was ill-considered and inappropriate. Deterrent measures are more traditionally found in criminal law, where the application of punitive sanctions is doctrinally consistent. This is reflected in the general absence of the language of deterrence from the civil provisions of international law copyright regimes. Furthermore, evidence suggests that attempts to deter illegal file sharing behaviour through civil remedies have been unsuccessful to this point. An evaluation of the Act’s preparatory material leads to the conclusion that Parliament introduced a deterrence requirement as a reassurance for rights owners rather than because of its utility as a legal principle. If this was Parliament’s intention then to some extent it has backfired. Public reaction demonstrates a hardening of opinion against strengthening enforcement measures rather than a deterrent effect. en_NZ
dc.format pdf en_NZ
dc.language en_NZ
dc.language.iso en_NZ
dc.publisher Te Herenga Waka—Victoria University of Wellington en_NZ
dc.subject Deterrence en_NZ
dc.subject File sharing en_NZ
dc.subject Copyright en_NZ
dc.title Deterrence in the Copyright (Infringing File Sharing) Amendment Act 2011 en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit School of Law en_NZ
vuwschema.subject.marsden 390114 Intellectual Property en_NZ
vuwschema.type.vuw Bachelors Research Paper or Project en_NZ
thesis.degree.discipline Law en_NZ
thesis.degree.grantor Te Herenga Waka—Victoria University of Wellington en_NZ
thesis.degree.name Bachelor of Laws with Honours en_NZ

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