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Google has waded into the worldwide debate over disconnecting file-sharers after repeated copyright infringement. Responding to a New Zealand draft of “graduated response” principles, Google lawyers don’t reject the idea of graduated response, but they do take issue with the proposed penalty of disconnection—”a remedy that is disproportionate to the harm of copyright infringement online.”

Google makes clear in its comments that it supports copyright and the ability of rightsholders to stop infringement, but it has serious concerns about the process, especially when no judge is involved in disconnection proceedings. “Mere allegations of copyright infringement should not trump users’ rights,” says the filing. “Copyright law is often complex and context sensitive, and only a court is qualified to adjudicate allegations of
copyright infringement. Indeed, in Google’s experience, there are serious issues regarding the improper use and inaccuracy of copyright notices by rights holders.”

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