• 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
Stockholm 'submarine' hunt
Sweden's 'submarine hunt' moves south
The Swedish Armed Forces have sent out 200 troops. Photo: TT

Sweden's 'submarine hunt' moves south

UPDATED: The Swedish Armed Forces have pushed into their fifth day searching for a suspected foreign vessel in the Stockholm archipelago. READ  

European Union
Extremist saves Sweden Democrats' EU group
Sweden Democrat leader Jimmie Åkesson. Photo: TT

Extremist saves Sweden Democrats' EU group

The EU group that bound several Eurosceptic parties including the Sweden Democrats has been saved by an MEP from a far-right Polish group, just a week after it appeared to have crumbled, according to a UK press report. READ  

Stockholm 'submarine' hunt
Timeline: Mystery 'submarine' in Stockholm
Sweden's Armed Forces are out in force after reports of a foreign vessel in the Stockholm archipelago. Photo: TT

Timeline: Mystery 'submarine' in Stockholm

The world has had its periscope on Sweden since the Swedish military launched an extensive hunt for what is rumoured to be a damaged Russian submarine in the Stockholm archipelago. Here is the timeline of events so far. READ  

Business & Money
Profit leap for Swedbank
A branch of Swedbank in Malmö. Photo. TT

Profit leap for Swedbank

Swedbank has seen its profits rise higher than expected. READ  

New coalition
Sick pay U-turn from Sweden's new coalition
Stefan Löfven has changed his strategy on sick pay. Photo: TT

Sick pay U-turn from Sweden's new coalition

Small businesses won't face rising sick pay costs, following a policy reversal from Sweden's new coalition government. READ  

Presented by CurrencyFair
CurrencyFair: Why it pays when making overseas transfers
CurrencyFair co-founder Brett Meyers

CurrencyFair: Why it pays when making overseas transfers

Tired of losing money when you send cash back home? Join other expats in Sweden who avoid bank fees and hidden charges by sending money internationally with CurrencyFair, an online marketplace where secure transactions are faster and cheaper. READ  

Stockholm 'submarine' hunt
Vessel hunt continues at 'full strength'
Minehunter HMS Koster takes part in the search in the Stockholm archipelago on Sunday. Photo: Marko Säävälä/TT

Vessel hunt continues at 'full strength'

The search for a suspected foreign vessel in the Stockholm archipelago continues with "full strength" on Tuesday morning, according to Sweden's armed forces. READ  

Ebola crisis
Sweden hit by two Ebola false alarms in two days
The Uppsala University Hospital. Photo: TT

Sweden hit by two Ebola false alarms in two days

UPDATED: A patient has been cleared of any Ebola suspicions at the Uppsala University Hospital. It marks the second suspected case in Sweden in two days. READ  

Analysis
Why a foreign vessel lurks in Swedish waters
The HMS Stockholm patrols Jungfrufjärden in the Stockholm archipelago on Monday morning. Photo: Anders Wiklund/TT

Why a foreign vessel lurks in Swedish waters

With Sweden engaged in its biggest domestic military operation since the Cold War, The Local spoke to Johan Wiktorin, a fellow at the Swedish Royal Academy of War Sciences, to get insight into what’s going on in the Stockholm archipelago. READ  

My Swedish Career
US woman starts up Swedish toy store online
Leigh Neil and a llama hand puppet. Photo: Private

US woman starts up Swedish toy store online

For this week's My Swedish Career we meet Leigh Neil, who one day came to realize that there was a gap in the Swedish market for children's toys and decided to do something about it. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Gallery
Property of the week: Malmö
Gallery
PHOTOS: 'Foreign activity' in Swedish waters
National
Sweden deploys troops over underwater threat
Gallery
People-watching: October 19th
TT
Society
QUIZ: How good is your Swedish?
Blog updates

19 October

Getting it (Blogweiser) »

"Follow Joel Sherwood on FB Few watch baseball in Sweden. This is excellent when your team loses..." READ »

 

17 October

Editor’s Blog, Oct 17th (The Local Sweden) »

"Hi readers, Here’s the whole week of news in just 60 seconds. The most-read story was about a..." READ »

 
 
 
Business & Money
Get your own office in Gothenburg or Stockholm - free for a day
National
A Touch of Scandinavia: Reindeer in the kitchen
Lifestyle
What's on in Sweden: October 17th - 24th
Society
The nudity... and nine other things expat men notice in Sweden
Gallery
People-watching: October 15th
Gallery
Your views: Should outdoor smoking be banned in Sweden?
Business & Money
Sweden has 'large hole' in finances
Sponsored Article
Introducing... Finding a job in Stockholm
Society
Monster salmon caught in northern Sweden
Gallery
Property of the week: Lorensberg
National
Scandinavia's child bride
National
Ebola crisis: How is Sweden preparing?
Lifestyle
Sweden's The Bridge to become 'more Danish'
Business & Money
How Sweden is becoming a cashless society
Gallery
Stockholm Burlesque Festival 2014
National
How a little red horse became a symbol for Sweden
Gallery
People-watching: October 12th
Business & Money
The hottest start-ups from southern Sweden
National
What's on in Sweden: October 10th - 17th
National
Stockholm is 'best' region for well-being
Gallery
People-watching: October 8th
National
Five facts to know about Patrick Modiano
Society
My Swedish Career: A French fashionista in Sweden
Society
Swede's anti-bully Facebook tale goes viral
Society
Have you seen Sweden's viral subway cancer campaign?
National
Isis: Swedes linked to Turkish prisoner swap
National
Should Swedes be banned from buying sex abroad?
Gallery
Fredrik Reinfeldt's leaving presents
National
Five Swedish TV shows you shouldn't miss
Gallery
A tool belt, a casserole, and a book. Fredrik Reinfeldt's parliament gifts
TT
Lifestyle
Top five winter festivals in Sweden
TT
National
Sami reindeer herders win mine reprieve
Gallery
Property of the Week: Gamla Enskede
Sponsored Article
How to catch the first lobster of the year
Politics
Ten new minister faces you should know
Tech
First womb transplant baby in world born in Sweden
Gallery
People-watching: October 5th
National
What's on in Sweden
National
Sweden rethinks Afghan translators' protection
Society
Interview with Geena Davis: 'I want to be in a Swedish movie'
Team SCA
Sponsored Article
All-female SCA team takes off on Volvo Ocean Race
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

1,005
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