• Sweden edition
 
Anti-piracy law test case sent to EU court

Anti-piracy law test case sent to EU court

Published: 16 Sep 2010 14:36 GMT+02:00
Updated: 16 Sep 2010 14:36 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.

"It is heartening that the Supreme Court has taken this decision and that the Ipred law will now come under the scrutiny of the EU Court of Justice," said ePhone's lawyer, Peter Helle, to the Dagens Nyheter daily on Thursday.

The Swedish Supreme Court (Högsta Domstolen - HD) in June 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 which was interpreted by experts as a victory for ePhone and taken to mean that the case would head for Luxembourg, a process that can take years.

It was thus no real surprise when on Thursday the Supreme Court made it formal ruling.

Bo Wigstrand, president of ePhone, argued at the time of the preliminary ruling 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," he said in June.

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.

TT/The Local (news@thelocal.se)

Don't miss...X
Left Right

Your comments about this article

16:38 September 16, 2010 by eZee.se
A detail missing from this article is that the anti-piracy goons hacked into the server (as mentioned in the article - the files were not publicly accessible) and then sought the owner of the IP address/server with absolutely no proof that anyone other than the owner of that IP/server had accessed those files.

To put that into perspective, its like someone hacking into your email account, finding an MP3 and then going after you via a law (IPRED) bought and paid to corrupt and disgraceful politicians by the music and film industries.

Make no mistake, this is just a test case and the scum like the IFPI/RIAA/MPA etc are watching this case very closely to see what they can get away with before dipping their dirty slimy feet into the pond.

Not that it matters anyway, these luddites are trying to stop the tide of technology laws to protect an outdated (but plenty of money) music and film industry who are too stupid, stubborn and greedy to change with the times. Laws that can easily be bypassed by using a VPN or a cyber locker or hopping on your neighbors WIFI or USENET just to mention a few.

Heck, you can even copy the songs that are being streamed on programs like Spotify. Google "youtube to mp3" to see an easy way to get the audio from any youtube video.

Silly laws are not the answer, change it the industry is.
09:21 September 17, 2010 by Pont-y-garreg
Since the "passing" of the law, not the "passage".
Today's headlines
Boy receives cancer vaccine by mistake
Photo: Hasse Holmberg/TT

Boy receives cancer vaccine by mistake

A boy scheduled to be vaccinated against mumps, measles, and rubella instead received a vaccine against cervical cancer. His family has now reported the blunder for inspection. READ  

Sweden grants additional funds to jobs agency
Photo: Bertil Enevåg Ericson/TT

Sweden grants additional funds to jobs agency

The Swedish government has announced that it will increase funding to the jobs agency (Arbetsförmedlingen) in 2015, primarily to cover personnel costs but also to prevent long-term unemployment. READ  

Police 'powerless' against street racers
Police on E4 highway. Photo: Johan Nilsson/TT

Police 'powerless' against street racers

Stockholm police said they were powerless to react when streetracers took over at "insane speeds" on a large highway on Friday night. READ  

Saab carmaker wins receivership
Photo: Björn Larsson Rosvall/TT

Saab carmaker wins receivership

After initial rejection, a Chinese-owned company set up to take over Saab's assets after the troubled Swedish carmaker's bankruptcy said on Friday it had succeeded in being placed in receivership. READ  

Woman suffers cardiac arrest while giving birth
Photo: Tomas Oneborg/TT

Woman suffers cardiac arrest while giving birth

A 30-year-old woman went into cardiac arrest while giving birth at a Stockholm clinic - without hospital staff noticing that anything was wrong. She remains in a critical condition on Friday. READ  

Champions League
History repeats for Malmö fifty years later
Striker Magnus Eriksson during Malmö's 3-0 win over Salzburg in a Champions League qualifier. Photo: Björn Lindgren/TT

History repeats for Malmö fifty years later

Malmö's entry into the Champions League serves as a reminder of times gone by in European football. With Spain's champions bound for Sweden things just couldn't be better, writes contributor Lee Roden. READ  

Elections 2014
Löfven promises jobs to 50,000 young Swedes
Social Democrat leader Stefan Löfven. Photo: Fredrik Sandberg/TT

Löfven promises jobs to 50,000 young Swedes

Social Democrat party leader Stefan Löfven announced on Friday his "most important election promise", a 90-day job guarantee programme for young Swedes. READ  

 Sweden to buy fighter jets despite Swiss pullout
The Jas Gripen fighter aircraft. File photo: Wikimedia

Sweden to buy fighter jets despite Swiss pullout

Sweden said Friday it would go ahead with the purchase of a new generation of Saab Gripen fighter jets, despite Switzerland pulling out of a major co-financing deal. READ  

Three hurt after northern knife attack

Three hurt after northern knife attack

Three people are in hospital after they were stabbed during what police suspect was a gang-related attack in Umeå. READ  

Stockholm 'thief' turns out to be trainee ninja

Stockholm 'thief' turns out to be trainee ninja

Stockholm police rushed to the scene when a worried Swede reported that their neighbours were the victim of a break-in - but when officers arrived, they found nothing but a ninja in the middle of practice. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Gallery
People-watching August 27
Gallery
Top ten false friends in Swedish
National
Roma advocate scoops Wallenberg prize
Society
Meet the man who made a Swedish store recall its high heels for kids
Business & Money
'How I came to run my own business in Sweden'
Blog updates

25 August

Hit och dit, här och där (The Swedish Teacher) »

" Hej igen! A common challenge for Swedish language students are the location adverbs hit/här, dit/där, hem/hemma etc. Some of the location adverbs come in two versions. We should use one type of location adverb when we use a verb describes where we are, and we should use the other type of location adverb when we the verb..." READ »

 

25 August

The Dollar Store (Blogweiser) »

"A dollar store in Sweden. Blog post: http://t.co/tNuuvcP1q0 #USD #greenbacks #sweden #sverige pic.twitter.com/RHFAYf7U1k — Joel Sherwood (@joeldsherwood) August 23, 2014 There’s a chain here in Sweden called The DollarStore. This name always stood out to me in a country where they don’t use dollars. I went there for the first time this weekend. They actually accepted greenbacks..." READ »

 
 
 
Politics
Expert explains why Sweden's election oozes uncertainty
National
City plays Schindler's List theme at Nazi rally
Society
For Stockholm Fashion Week, here's the A-Z of Swedish fashion
National
'Amnesiac' man avoids deportation for ten years
Gallery
Princess Estelle through the years
Business & Money
Swedish city all set for six-hour workday trial
Business & Money
Five golden rules for the Swedish job hunt
Sponsored Article
Graduates: Insure your income in Sweden with AEA
Gallery
People-watching August 22-24
National
Armed royal guards caught (very) drunk on the job
National
Sweden orders textbook on Roma discrimination
Gallery
Violent anti-Nazi demonstrations in Malmö
Society
A closer look at Sweden's five official minority languages
Gallery
See the destruction from the southern Sweden floods
Politics
'Sweden Democrats hold the key to elections'
Society
Swedes celebrate first day of smelly fish season
Politics
Sweden elections: How do they work?
Finest.se
Gallery
People-watching August 20th
Society
Did you know the Bronx in NYC was named after a Swede?
Sponsored Article
Find out what gives this Swedish school executive appeal
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

759
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