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Court rejects ISP appeal in anti-piracy case

Published: 18 May 2010 06:10 GMT+02:00
Updated: 18 May 2010 06:10 GMT+02:00

Swedish-Finnish telecom giant TeliaSonera has been instructed by the appeals court to hand over the names and addresses of people behind a file sharing website in a landmark anti-piracy law ruling.

"The court of appeal has decided today to uphold the Södertörn district court's decision to order an Internet service provider to give out the names and addresses of the holders of certain IP-addresses," it said in a statement.

The court said its ruling against TeliaSonera was based on Sweden's controversial Ipred law, which came into effect on April 1st last year and gives copyright holders the right to require service providers to reveal details of users who share files, paving the way for legal action.

If TeliaSonera does not give out its clients' identities, it will have to pay a fee of 750,000 kronor ($96,523), the TT news agency reported.

The company was also ordered to pay the court fees.

On February 11th, TeliaSonera logged an appeal against the lower court decision forcing it to provide the names and addresses of those behind swetorrents.org website to Svensk Filmindustri, a Swedish film production and distribution company, among others.

The companies had argued Swetorrents violated copyright laws by making copyrighted material available through its homepage, and used the Ipred law to

force TeliaSonera to reveal the site operator's identities.

Until the law was introduced, Sweden - home to one of the world's most popular file sharing sites, The Pirate Bay - had widely been considered a haven for illegal file sharing.

While Swedish Internet use significantly dropped in the days after the introduction of the law - attributed to a decline in illegal downloading - the fall was only temporary, according to internet exchange point operator Netnod.

According to a Sifo survey published by broadcaster Viasat on April 1st the number of illegal file sharers is in fact increasing, with 16 percent of Swedes responding that they engaged in the practice.

While Netnod figures for April 2010 show that the short dip was part of a longer term steady upward trend, Ipred has been lauded by the music, film and video games industries.

The TeliaSonera case however represents only the second attempt by a copyright holders’ organization to utilize the new anti-file sharing law.

In June, the district court in Solna, north of Stockholm, ordered broadband provider Ephone to hand over information to five book publishers about a server from which audio books were made available for download on the internet.

Ephone has since appealed the ruling.

The new file sharing law is based on the European Union's Intellectual Property Rights Enforcement Directive (IPRED).

AFP/The Local (news@thelocal.se)

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Your comments about this article

08:25 May 18, 2010 by misssh
the isp providers should all stand up to this bully boy tactics

I for one dont download anymore thanks to spotify but have done in the past and think that pulling out names and numbers and then persecute them is the wrong move it willl only make it worse. If they try taking other avenues and not try and stop it but work with the problem maybe they might get somewhere...
11:57 May 18, 2010 by eZee.se
"The companies had argued Swetorrents violated copyright laws by .."

Perhaps we should look at history a bit closer as in how the music and film industries have violated copyright laws (as in raped) for a couple of decades.

Starting with why the film companies moved to "Hollywood" in the first place (hint: it was so they wouldnt pay any royalties to Edison) then constant copyright extensions (like the mickey mouse copyright extension).

Its just shameful for Sweden to bow down to these bullies, I just wonder how many were bullied into bowing down and how many got a "salary" for it.
12:57 May 18, 2010 by yasra002
One question for everyone. I use rapid share to download movies. I am not sure whether its illegal according to swedish law or not. Do you guys have any knowledge about that?
16:14 May 18, 2010 by eZee.se
@yasra002, its illegal, and keep in mind that RS shares ip address data (from what i have heard) with content owners... so if I was doing that I would do it behind a VPN... but since I dont ;)
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