• Sweden edition
 
EU court comment 'positive' for file-sharers

EU court comment 'positive' for file-sharers

Published: 17 Nov 2011 15:25 GMT+01:00
Updated: 17 Nov 2011 15:25 GMT+01:00

The EU intellectual property rights directive (IPRED) allows for a court to demand the release of IP information pertaining to a suspected file-sharer, ECJ advocate general said on Thursday.

The statement by Niilo Jääskinen has been taken as an indication that a Swedish court can demand information which may identify a internet service subscriber.

But further comments by Jääskinen, indicating that the information could only be demanded if it had been stored for that specific purpose, have been interpreted by researchers to mean that IPRED would be rendered toothless in practice.

“It is not crystal clear what the advocate general means, but it leans towards that one can’t hand over the information,” according to Daniel Westman, a information law researcher at Stockholm University.

Jääskinen’s comments concern a case referred to the ECJ by the Swedish Supreme Court in September 2010.

The case in question is between five audiobook publishers and the Swedish internet service provider ePhone which had appealed a lower court ruling ordering the firm to hand over information about the users connected to certain IP-addresses.

The firm has refused the request and the case has become regraded in Sweden as a test for the so-called IPRED law which passed into force on April 1st 2009.

The Swedish Publishers’ Association (Svenska Förläggareföreningen - SvF), which is representing the five audiobook publishers, has meanwhile claimed that Jääskinen’s comments are “positive”.

“It is positive, but difficult to interpret with regards to the outcome of the case. It is a little unclear and imprecise how it can be interpreted. But it is very positive that it is now been clarified that the intellectual property rights directive does not run contrary to the legislation,” said Caroline Fellbom Franke at SvF.

Fellbom Franke however recognized that Jääskinen’s additional comments could mean that IPRED legislation in Sweden would become toothless if ePhone and other IPSs were to simply argue that the information was saved for other purposes.

Peter Helle, a lawyer representing ePhone, also interpeted the comments as positive for the firm and for the privacy of internet users.

“As I interpret the advocate general’s comments it is positive for ePhone and for Sweden’s internet users,” he said.

Bo Wigstrand, ePhone’s CEO, described the news as a “success for personal integrity on the internet” and gave him cause to believe that the firm would win their case in the Supreme Court, if the ECJ stands behind the advocate general’s comments.

Solna district court in June 2009 ordered ePhone to reveal who was using the IP-addresses identified as belonging to file sharers who spread some 2,000 audio book titles over the internet.

But ePhone refused, pointing out that a password was required in order to gain access to the works stored on the computer and thus the sound files weren’t publicly accessible and therefore not a case of copyright infringement.

The Court of Appeal (Hovrätten) later 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/Peter Vinthagen Simpson (news@thelocal.se)

Don't miss...X
Left Right

Your comments about this article

20:07 February 10, 2012 by kate parker
I`ve used this device for anticellulite massage. My hips look better after two months of using. I advise it to all women with similar problems.
Today's headlines
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  

Elections 2014
Liberals hint at bringing back conscription
Photo: Fredrik Sandberg/TT

Liberals hint at bringing back conscription

With Russia becoming "all the more aggressive", the Liberal Party leader and education minister, Jan Björklund, has suggested that Sweden may have to reintroduce conscription. READ  

Swede mauled in bear hunt gone wrong

Swede mauled in bear hunt gone wrong

Roles were reversed in a bear hunt on Thursday night, when a Swedish hunter was attacked by his prey, leaving the man in hospital in a serious condition. READ  

How immigration became a key election issue
Photo: Bertil Ericson/TT

How immigration became a key election issue

Prime Minister Fredrik Reinfeldt sparked a furore with recent comments that put rising refugee costs in focus before the elections. But why did he bring it up, and will it affect the outcome? READ  

 Saab carmaker fails in bid for receivership
Photo: Björn Larsson Rosvall/TT

Saab carmaker fails in bid for receivership

A Swedish court has rejected a request from the Chinese-owned automaker NEVS, which owns the financially-troubled Swedish brand Saab, to be placed in receivership until it could attract new financing. 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

753
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