• Sweden edition
 
Court overturns ruling in audio book piracy case

Court overturns ruling in audio book piracy case

Published: 13 Oct 2009 14:21 GMT+02:00
Updated: 13 Oct 2009 14:21 GMT+02:00

The case, which ePhone initially lost in June in Solna District Court, is significant because it is the first to go to trial since the passage of a law designed to crack down on internet piracy in Sweden.

The law, which is based on the EU’s Intellectual Property Rights Enforcement Directive (IPRED), came into force on April 1st and says that internet providers can be forced by a court order to provide data about customers targeted in copyright infringement investigations.

“After all that’s been written that we should have released the information, it actually feels really nice that the court has ended up agreeing with what we’ve said the whole time: that the evidence wasn't good enough. I think it’s just great,” said ePhone CEO Bo Wigstrand to the TT news agency following the ruling.

ePhone argued that the five audio book publishers who filed the lawsuit had not been able to prove that anyone other than users from Sweden’s Anti-Piracy Bureau (Antipiratbyrån) had accessed a server containing sound files for 27 titles which the publishers claimed had been made available for downloading by the general public.

The appeals court agreed with ePhone, finding that the book publishers failed to show that there was probable cause to believe copyright infringement had occurred.

In overturning the lower court’s ruling, the Svea Court of Appeal argued that the copyright protected material on the server, which was linked to an ePhone customer, had not been made available to the public or even to a select group of people.

Since users were required to log into the server and there had been no investigation to indicate that login information had been widely shared, the court concluded that the publishers had not convincingly shown that the audio books had been available to the public.

“This is a real shame and it really complicates our operations, which are based on copyright and on protecting copyrighted material,” Shadi Bitar, CEO of Earbooks, one of the publishers behind the law suit, told TT.

The main issue in the case was whether or not the audio books on the server really were accessible by the public.

“Our assessment is that it has not been shown that there is probable cause to believe that the material was available to the public. It’s also possible that only a limited group of people had access to the sound files,” said appeals court judge Ulrika Ihrfelt to TT.

The four-judge panel which presided over the appeal was split 2-2 following initial voting on whether or not to overturn the case, meaning the case was ultimately decided by the added weight given to the court’s presiding judge, who ruled in favour of ePhone.

The court of appeal’s ruling can be appealed to the Supreme Court.

TT/David Landes (news@thelocal.se)

Your comments about this article

20:01 October 13, 2009 by eZee.se
The anti piracy bastards actually hacked into the server and got to view the audio books, then used that "evidence " to try to get behind how put the books there..., isnt using illegal ways to obtain evidence...well, illegal? but no one says anything about that.

Basically, this was no different if you or i bought web hosting and uploaded some of our digital content there (books, music, movies) and password protected it so no one else could get to it... but STILL the scumbags wanted the owners details to:

1. See how far they could push the IPRED laws and they new found powers

2. Make an example of someone... even though this particular someone did not do anything wrong - After all, its for the greater good right?

I bet a lot of the music and film industry people/slimebags are not going to be happy with this ruling as they were carefully watching from a distance.

ePhone is just another example of how they had almost given in the first time but when they decided to fight the evil SOBs... they prevailed.
Today's headlines
Swedish teenagers abused on Secret app
File photo: Fredrik Sandberg/Scanpix

Swedish teenagers abused on Secret app

Swedish police are struggling to know what to do with a new batch of criminal reports filed by teenagers upset about a controversial app that allows users to post comments and pictures anonymously. READ  

National
Swedish man beats bus in video challenge

Swedish man beats bus in video challenge

UPDATED: A Swedish runner who filmed himself beating his bus in Sundbyberg in north west Stockholm over the weekend is now planning to a similar challenge on the capital's Metro system. READ  

Regional
Rain causes power cuts across east Sweden
Strong winds are battering Stockholm and the east coast of Sweden. Photo: TT

Rain causes power cuts across east Sweden

Heavy rain and wind have left thousands without electricity in eastern Sweden, with ferries also disrupted by the storm. READ  

National
Sweden's benefit agency website down
Sweden's Social Insurance Agency is experiencing problems. Photo: TT

Sweden's benefit agency website down

Sweden's Social Insurance Agency website was out of action on Monday, as officials promised that the technical fault would not delay benefit payments. READ  

Elections 2014
Budget headache for new coalition partners
Social Democrat economic spokesperson Magdalena Andersson with Per Bo from the Green Party. Photo: TT

Budget headache for new coalition partners

UPDATED: The Social Democrats have been holding talks with the Green party to try and agree on a future coalition budget. But questions remain over how they will work together on issues including defence and nuclear power. READ  

National
US runaway banned from name change in Sweden
'Wanted' photograph of David Hemler used by US Air Force Office of Special Investigations. Hemler lives and works in Uppsala. Photo: Shutterstock

US runaway banned from name change in Sweden

A US airman who deserted from the military three decades ago and moved to Sweden has failed in his bid to get his old name back, because a Swedish court says he can’t prove his identity. READ  

My Swedish Career
Plucked out of Canada for love and guitars
Sharleen in action. Photo: Sebastian Bularca

Plucked out of Canada for love and guitars

For this week's My Swedish Career we meet a Canadian who came to Sweden for love and now works in Lidköping, custom-making guitars. READ  

Regional
Flood and high wind warning in east Sweden
Stockholm experienced heavy rain on Sunday. Photo: TT

Flood and high wind warning in east Sweden

After heavy rain broke off the September sunshine in eastern Sweden on Sunday, forecasters warn more bad weather is on the way. READ  

Tech
World car record on Malmö bridge

World car record on Malmö bridge

The longest electric car parade on a bridge between two countries was formed on the Öresund Bridge between Sweden and Denmark on Sunday, with environmental campaigners breaking several other world records in the process. READ  

National
Two hurt in Helsingborg ferry crash
The damaged ferry is being inspected on Monday. Photo: TT

Two hurt in Helsingborg ferry crash

UPDATED: A ferry crashed into a pier in the port of Helsingborg in southern Sweden on Sunday night, with two people taken to hospital following the collision. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Finest
Gallery
People-watching: September 20th
The 'black gold' of Sweden's west coast.
National
West Sweden prepares for the 2014 lobster premiere
Society
What's on in Sweden
Politics
How Sweden Democrats went mainstream
Politics
Scandinavia and Scotland: closer links?
Blog updates

22 September

Welcome National Geographic! (Stockholm in my American Heart) »

"What comes to mind when you think of the “The Arctic”? Crystal-encased cliffs jutting from the sea, baronial Polar bears scavenging over sheets of cracked ice or a lone explorer heading north into the night. The image my mind invokes is of three sparkling green lines splashed across the sky like graffiti— the Aurora Borealis— our..." READ »

 

19 September

Editor’s blog (The Local Sweden) »

"Happy Friday readers! It sure has been a exciting week in Sweden, where we’re set to get a new Prime Minister after Fredrik Reinfeldt stepped down following Sunday’s elections. The Local blogged live from the key political gatherings across Stockholm. Why not re-visit the action by taking a look at our photos, tweets, videos and analysis? Since the..." READ »

 
 
 
Gallery
Property of the week - Eskilstuna
Sponsored Article
How to start a business in Stockholm
Society
How I became a surf blogger when I moved to Sweden
Gallery
People-watching: September 13th
Society
Why is Stockholm's Södermalm so cool?
Gallery
People-watching: September 11th
Gallery
People-watching: September 13th
Politics
Five possible election outcomes
Politics
Sweden elections: How do they work?
Politics
Sweden elections: Who's who?
Gallery
Property of the week - Hornstull, Stockholm
Analysis
Five differences between the UK and Sweden
Welshman Jonny Luck is now a chef in Sweden
Society
How I opened my own restaurant in Sweden's Malmö
Sponsored Article
Stockholm tech fest: relive the magic
Gallery
People-watching September 8th
Photo: TT
Politics
Feminists fight for first seats
Politics
Immigration cut push from Sweden Democrats
Sheryl Sandberg says women have "low expectations"
Tech
Facebook exec talks women's limits in Swedish business
Politics
Left Party calls for justice and equality
Politics
Green Party wants 'better world' for kids
Sponsored Article
Introducing… Insurance in Stockholm
Sponsored Article
Graduates: Insure your income in Sweden with AEA
Latest news from The Local in Austria

More news from Austria at thelocal.at

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in Germany

More news from Germany at thelocal.de

Latest news from The Local in Denmark

More news from Denmark at thelocal.dk

Latest news from The Local in Spain

More news from Spain at thelocal.es

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Italy

More news from Italy at thelocal.it

Latest news from The Local in Norway

More news from Norway at thelocal.no

849
jobs available
Swedish Down Town Consulting & Productions
Swedish Down Town Consulting & Productions is an innovative business company which provides valuable assistance with the Swedish Authorities, Swedish language practice and general communications. Call 073-100 47 81 or visit:
www.swedishdowntown.com
PSD Media
PSD Media is marketing company that offers innovative solutions for online retailers. We provide modern solutions that help increase traffic and raise conversion. Visit our site at:
http://psdmedia.se
If you want to drink, that’s your business.
If you want to stop, we can help.

Learn more about English-language Alcoholics Anonymous in Sweden. No dues. No fees. Confidentiality assured.
AA-EUROPE.ORG/SWEDEN