• 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)

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
National
Northern Swedes wake up to September snow

Northern Swedes wake up to September snow

Summer has come to a definite end in Kiruna as residents of the northern town were greeted with a blanket of snow on Sunday morning. READ  

Elections 2014
Ex-Prime Minister: Sweden is falling apart
Former Swedish Prime Minister Göran Persson. Photo: Leo Sellén/TT

Ex-Prime Minister: Sweden is falling apart

Former Swedish Prime Minister Göran Persson has said that the election success of the Sweden Democrats is a "slap" in the face for the Stockholm establishment. READ  

National
Trio prosecuted for hate attack against Somalis
Somali nationals taking part in a demonstration against deportations in Stockholm. File photo:Björn Larsson Ask/SvD/ TT

Trio prosecuted for hate attack against Somalis

Three young men in southern Sweden suspected of attacking Somali refugees with stones and screaming "sieg heil" have been indicted on charges of racial agitation. READ  

National
Swedish airfares to get cheaper in 2015

Swedish airfares to get cheaper in 2015

Sweden is set to buck the European trend of rising air prices with fares expected to drop next year according to a new report. READ  

National
Swede's homemade submarine nets fortune
Eric Westerberg's homemade submarine Isabelle. Photo: PS.nu

Swede's homemade submarine nets fortune

A Swedish submarine enthusiast who spent over 3,500 hours making his own vessel has sold his prized possession for 705,000 kronor ($98,500) in an online auction. READ  

National
Cops reported for making 'Roma' comment

Cops reported for making 'Roma' comment

Police in northern Sweden have been reported to the Equality Ombudsman for describing a wanted suspect as having a "Roma appearance." READ  

Donald Duck and Zlatan get Swedish votes
A political career for Zlatan? Some fans seem to want to see that. Photo: Peter Dejong/TT

Donald Duck and Zlatan get Swedish votes

The Bilderberg Group, the Satanic Initiative and Adolf Hitler all received votes in Sweden’s general election, according to a list released by the country’s electoral authority. READ  

Sport
Stockholm fails bid to host Euro 2020 games
The Swedish team in action. Photo: TT

Stockholm fails bid to host Euro 2020 games

Sweden's capital has missed out on a chance to host any Euro 2020 games, with Copenhagen the only Scandinavian city among the thirteen winning locations. READ  

Vicar: God rejects fans of women priests
Antje Jackelén, Archbishop of Uppsala, is the first woman to head the Swedish church. Photo: Stig-Åke Jönsson/TT

Vicar: God rejects fans of women priests

A Swedish priest has been fired after telling his congregation that people who support female priests would be rejected by God - despite the fact that his own church is led by a woman. READ  

Analysis
Women set to dominate top post-election jobs
Margot Wallström (right) could become Stefan Löfven's new Minister of Foreign Affairs. Photo: TT

Women set to dominate top post-election jobs

Sweden could soon get a female Foreign Minister, Fredrik Reinfeldt's ousted Moderate Party is preparing for its first woman leader and the grandmother of actor Hugh Grant's son is being tipped as Parliament's next Speaker. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
The 'black gold' of Sweden's west coast.
National
West Sweden prepares for the 2014 lobster premiere
Society
What's on in Sweden
Politics
How Sweden Democrats went mainstream
Politics
Scandinavia and Scotland: closer links?
Gallery
Property of the week - Eskilstuna
Blog updates

20 September

How a Frog Can Save the Environment (Stockholm in my American Heart) »

"What we do we imagine when we think of children enjoying nature? Perhaps it’s fishing, marveling at lightning bugs on a muggy July day or blowing on the wispy petals of a dandelion to make a special wish. But perhaps most iconic of the playful innocence in childhood is hopping after and trying to catch..." READ »

 

19 September

Editor’s blog (The Local Sweden) »

"Happy Friday readers! It sure has been a exciting week in Sweden, where we’re set to get a new Prime Minister after Fredrik Reinfeldt stepped down following Sunday’s elections. The Local blogged live from the key political gatherings across Stockholm. Why not re-visit the action by taking a look at our photos, tweets, videos and analysis? Since the..." READ »

 
 
 
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?
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?
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
Sponsored Article
Graduates: Insure your income in Sweden with AEA
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

866
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