• Sweden edition
 

Anti-piracy law test case 'on its way' to EU Court

Published: 04 Jun 2010 10:55 GMT+02:00
Updated: 04 Jun 2010 10:55 GMT+02:00

This issue concerns a case between five audiobook publishers and the Swedish ISP ePhone which appealed a lower court ruling ordering the firm to hand over information about the users connected to certain IP-addresses.

The Swedish Supreme Court (Högsta Domstolen - HD) has now taken up the case and has requested the parties involved to submit their view on whether it is necessary to send the matter for a preliminary ruling to the European Court - decision interpreted by experts to mean that the case is headed for Luxembourg, a process that can take years.

"I think so clearly. Apparently HD has made a preliminary assessment and concluded that most factors indicate that the issue be sent to Luxembourg," said Daniel Westman, a legal expert in file sharing at Stockholm University.

The parties may also be given an opportunity to comment on a draft of the request in a decision which has surprised Magnus Nytell, CEO of audiobook publisher Bonnier Audio.

"It has unexpectedly turned out this way. Granted, it is a new law and it is important that you put your foot down in various directions as it has implications for the future but we thought it was pretty clear that we would be given the Ipred-addresses (sic)," he said.

Bo Wigstrand, president of ePhone, sees the Supreme Court decision as a victory. The firm has previously argued that the case should be considered by the EU court in Luxembourg.

"We have drawn the conclusion that it is now clear that this issue will be sent to Luxembourg, and if the court does take this up it will mean a review of how the Ipred law is used in Sweden," he said.

Wigstrand argued that the law provides for private surveillance in an area that should be the reserve of the police and he does not expect to be forced to hand over his customer's IP information to the publishers.

"One should not claim success in advance but this shows that you can not have laws in which private investigators undertake these types of investigations. The police should do it."

When the new Swedish law came into force on April 1st, the five publishers of audio books were the first copyright holders to file a case under the new measure.

The publishers, which include 15 authors who suspected their work has been spread illegally over the internet, demanded to know who owned a server suspected of containing some 2,000 audio book titles.

But ePhone refused to reveal who was using the IP-address in question, pointing out that a password was required in order to gain access to the works stored on the computer.

As a result, the company argued, the sound files weren’t publicly accessible and thus the matter wasn’t a case of copyright infringement.

The publishers then sought a court order which would force ePhone to divulge information about the users tied to the IP-address.

The Solna district court first ruled in June 2009 in favour of the publishers but the the Court of Appeal (Hovrätten) upheld ePhone's appeal of the decision, ruling that the publishers were unable to prove whether the audio books on the server really had been available to the public.

ePhone and the audiobook publishers are required to submit their response to HD before July 5th, with any decision over whether to proceed to Luxembourg expected to take some time.

TT/The Local (news@thelocal.se)

Your comments about this article

13:49 June 4, 2010 by eZee.se
Hats off to ePhone for standing up for the clients.

What is NOT mentioned in this article is that the anti-pirate morons *hacked* into the server to get at the audio files (the only way they could have, because as the article mentions, it was behind a password 'wall'), which is the same as you or me having our files on our home USB drive and someone accessing it from the outside just because we are connected to the net.

This article also show how much the publishers know about current technology when they refer to the IP (internet protocol) addresses as 'IPRED addresses", although its still less ignorant than the UK government saying an IP address is an "intellectual property address" (http://arstechnica.com/tech-policy/news/2010/04/uk-govt-ip-address-is-intellectual-property-address.ars)

sadly these are the people who are trying to control the internet - without having a clue about what it is.

Hopefully this WILL take years by which time the next wave/new generation(s) of P2P will come out making this hiccup obsolete.

In the meantime the safest way to download still remains while behind a VPN, which can be purchased for a measly 49kr from IPREDator.se (Full Disclosure: I have no affiliation with any VPN site)
Today's headlines
National
Teens in intensive care after school 'initiation'
Photo: Peder Skrivares school

Teens in intensive care after school 'initiation'

School inspectors are investigating after an initiation ceremony at a high school in Varberg in south west Sweden left four girls in hospital. READ  

National
Pirate Bay Swede 'mistreated' in jail
Peter Sunde. Photo: TT

Pirate Bay Swede 'mistreated' in jail

The brother of Pirate Bay co-founder Peter Sunde has questioned the conditions of his brother's Swedish jail, slamming both the institution and the guards. READ  

Elections 2014
Fresh election fears in divided Sweden
Sweden Democrat leader Jimmie Åkesson may not support a Social Democrat budget. Photo: TT

Fresh election fears in divided Sweden

UPDATED: The leaders of Sweden's main political parties have been called to parliament as speculation grows that the Sweden Democrats could hold the key to new elections. READ  

Presented by Stockholm Business Region
Introducing... the Stockholm collection
Photo: Imagebank Sweden

Introducing... the Stockholm collection

Moving to Stockholm, or just dreaming about it? Either way, this is your ultimate guide: for housing, finances, insurance, business, and so much more. READ  

In Pictures: The Local's Property of the Week
Photo: Fastighetsbyrån

In Pictures: The Local's Property of the Week

Time for some luxury this week - we're heading to a sprawling Eskilstuna property with a location and view to die for. READ  

National
Row over viral 'Nazi receipt' in Swedish shop
A cashier in a Coop supermarket: Photo: TT

Row over viral 'Nazi receipt' in Swedish shop

A photo of a till receipt with the Nazi slogan "Sieg Heil" printed on it has gone viral in Sweden, with supermarket chain Coop launching an internal investigation. READ  

Society
Sweden tops 'financial well-being' rankings
Sweden's family-friendly policies contribute to well-being. Photo: TT

Sweden tops 'financial well-being' rankings

Swedes have fewer money concerns than people from any other European country, according to the latest major report on global well-being. READ  

National
King Carl XVI Gustaf 'unhurt' after crash
The King of Sweden. Photo: TT

King Carl XVI Gustaf 'unhurt' after crash

UPDATED: Sweden's King Carl XVI Gustaf has been involved in a car accident but is unhurt, the Royal family's press office has confirmed to The Local. READ  

Elections 2014
Migration minister calls Feminists 'a dark force'

Migration minister calls Feminists 'a dark force'

Sweden's Migration Minister has said in a Facebook post that both the Sweden Democrats and the Feminist Initiative parties were "dark, gloomy, and destructive forces". READ  

The Local List
Ten Swedish designs that made life better
Playsam

Ten Swedish designs that made life better

Sweden has produced an indecent number of design classics. We take a look at some of the best - from toys to furniture, fabric designs to telephones, packaging to super-safe headwear. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
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?
Blog updates

17 September

Deep election analysis (Blogweiser) »

"You think you’re bad? Well I’m American. http://www.youtube.com/watch?v=NFbomLID0vU Deep deep analysis on Swedish election results. Vlog post: https://t.co/tjQgfa5Yie #svpol #val2014 #politics pic.twitter.com/oEK5ADFT8L — Joel Sherwood (@joeldsherwood) September 17, 2014 " READ »

 

15 September

Liten, litet, små & lilla (The Swedish Teacher) »

"Hej igen! Have you ever been confused about when to use “liten”, “litet”, “små” and “lilla”? Today I’m going to sort out how use the adjective “liten” (small) and the different forms of it. Liten or litet? “Liten” is the form we will use when referring to a noun with the gender “en”. For example: Min pappa har en..." READ »

 
 
 
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?
Lifestyle
What's on in Sweden
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
Lifestyle
The five best Swedish songs of the month
Sponsored Article
Introducing… Insurance in Stockholm
National
Huge clear up underway after Skåne floods
Politics
Sweden's Alliance reveals full manifesto
Tech
Sweden's highest peak to lose title next year
Sponsored Article
Graduates: Insure your income in Sweden with AEA
Sponsored Article
Introducing...Your finances in Stockholm
Sponsored Article
Introducing...Housing in Stockholm
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

856
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