Business & Money

Publishers triumph in anti-piracy test case

Published: 29 Oct 09 07:43 CET
Online: http://www.thelocal.se/22942/20091029/

Dictionary tool Double click on a word to get a translation

Sweden’s Supreme Court ruled on Wednesday that broadband provider ePhone is obligated to hand over customer data to five audio book publishers.

The ruling, which overturned an appeals court decision, means the first legal challenge under Sweden's new anti-piracy law has ended in favour of copyright holders.

The decision prohibits ePhone from destroying information about the identity of the person who operates a server containing several audio book sound files.

Five book publishers had requested that ePhone divulge the identity of the person behind an IP address associated with the internet service provider.

The publishers claimed that there were audio book files on the computer that were accessible for downloading by the general public.

At first, Solna District Court ruled in favour of the publishers.

But in a split ruling decided only by the weighted vote of the presiding judge, the Svea Court of Appeal reversed the lower court’s ruling, instead finding in favour of ePhone.

The appeals court ruling was a blow to the entertainment industry, which was quick to appeal the decision to the Supreme Court.

At stake was the setting of a precedent regarding the application of an anti-file sharing law which came into effect in Sweden on April 1st.

The law, based on the EU’s Intellectual Property Rights Enforcement Directive (IPRED), requires internet providers to provide data about customers targeted in copyright infringement investigations following a court order.

The book publishers emerged victorious in the final instance, and can now under threat of a 500,000 kronor ($70,000) fine order ePhone not to destroy information about the person targeted in the investigation.

TT/David Landes (news@thelocal.se)

What do you think? Leave your comment below.

Fark It! Digg This Facebook  Share everywhere
Send to a friend Printable version Twitter This

Your comments about this article:

The comments below have not been moderated in advance and are not produced by The Local unless clearly stated. Readers are responsible for the content of their own comments. Comments that breach our terms and conditions will be removed.

13:07 October 29, 2009 by eZee.se
And another shameful mark on Swedens legal system with regards to copyright.

1. Anybody notice how quick this went right up till the supreme court and got heard? This usually takes ages... one wonders how the wheels got greased so well.

2. The audio files were behind a login, people would have to FTP in and enter their username nd password to get access to the files, the anti piracy scumbags hacked into the server to see the files, the did not have the login information nor could they prove that the login information was shared with anyone.

3. With the show trial of thepiratebay and open bias from that judge as well as the judges who were to decide the appeal (yes, funny isnt it?) I really have to ask the question: Will the Swedish judge who has not been corrupted by the music/film industries money please stand up?

(which will probably result in a lot of restless shifting in their chairs and nobody getting up)

www.eZee.se
17:25 October 29, 2009 by BrittInSweden
Yes it is shameful. They should have been forced to hand over the details the first time and stop wasting legal proceeding time that could be used on something more important.

It doesn't matter whether the files were behind a login or not, they still had no right to be there in the first place available to anyone. The fact the files existed is a copyright infringement, they don't have to be distributed to become an illegal copy of the material.
18:06 October 29, 2009 by "green Swede"
@brittinsweden,bla bla bla!

eZee.se is it doable for ephone to destroy the info and take the 500k fine,better than loosing thousands of customers and a hell of a lot more revenue,or is a continious fine,so to speak...
18:19 October 29, 2009 by eZee.se
@brittinsweden, thats just silly.

If you rip a CD to your hdd the files exist and thus "copyright infringement" (not taking fair use into account) so someone should be able to hack into your computer and then take you to court?

What about using the same above example but rather than your computer its ripped to your ipod/mp3 player?

What about if you had the files in your email's "drafts" folder so you could access them from anywhere that you had a net connection from? After all, its behind a username and password there too right, and it has been uploaded to the email servers.

Wouldnt that be bo||ocks?

@Green Swede, I agree with you, they should destroy the persons details and just pay the amount, it would go a long way in showing their customer loyalty.
19:11 October 30, 2009 by DamnImmigrant
Yah, as I understand it, the audio publishers ILLEGALLY broke into a computer and found these files!

They had no proof that these files were being downloaded to other computers - except for their OWN computer - which, would that not make them guilty of theft of their own material?
14:34 November 2, 2009 by Soft Boiled
Isnt this the same as someone breaking into your house to check whether you have copied audo files to your blank cds? Also, this is copyright infringement but not proven filesharing - Its illegal but so is ripping your cds to iTunes. Seems a lot of double standards going on here?
ADD YOUR COMMENT   (YOU MUST LOG IN OR REGISTER TO MAKE A COMMENT)
Business & Money headlines
Ikea and Google top student career wish list

Ikea and Google top student career wish list

Swedish students have named Google, Ikea and the foreign ministry as their dream places of work, according to a new survey. READ »

Skanska lands 'Ground Zero' rail contract

Skanska lands 'Ground Zero' rail contract

Swedish construction firm Skanska has secured a $434 million contract to help build the commuter train station at the site of the World Trade Centre in New York. READ (2 COMMENTS) »

Ikea offers repose in Paris metro marketing campaign

Ikea offers repose in Paris metro marketing campaign

Swedish furniture chain Ikea has adopted an unorthodox method to get its products into the mind's eye of discerning Parisians - by lining metro station platforms with living room furniture. READ (2 COMMENTS) »

Swedish house prices top two million barrier

The price of the average Swedish house has passed the two million kronor ($300,000) mark for the first time, new statistics show. READ (1 COMMENT) »

Stockholm restaurant secures second Michelin star

Stockholm restaurant Frantzén/Lindeberg has been awarded a precious second Guide Michelin star just two years after serving its first meal. READ »

Carnegie traders charged over price fixing

Three former traders at Carnegie have been charged with illegal price manipulation carried out in the years before the Swedish investment bank's forced nationalization. READ »

King's pal seeks bumper payout for country estate

Torgils Bonde, a member of Sweden's high society, has raised eyebrows by putting his 2,800 hectare property up for sale for close to a record sum of 200 million kronor ($28.3 million). READ (3 COMMENTS) »

Riksbank off base with finance crunch rate hikes

The Swedish Riksbank has concluded that while everyone failed to see the impending finance crunch, it's own board was furthest behind when it raised interest rates just weeks before the Lehman Brothers bankruptcy. READ (4 COMMENTS) »

Vattenfall sells German power grid

Swedish energy firm Vattenfall announced the sale on Friday of its German power grid to Belgium's Elia and Australian investment fund IFM for $1.1 billion. READ (1 COMMENT) »

Bildt: Icesave deal key to Iceland IMF money

Sweden's Carl Bildt joined a chorus of Nordic foreign ministers on Thursday calling on Iceland to reach a banking payback deal with Britain and The Netherlands, warning that IMF aid money depended on it. READ (13 COMMENTS) »

More Business & Money
Blog Update: On Swedish Business

18 February 08:56

Ryanair – when the going gets tough, will the tough get going? »

"Like all empires, Ryanair's will come to an end, but like a old punch drunk prize-fighter, will they see the upper cut before it is too late?" READ »

  • 05/2 16:37 Stockholm garbage collectors – an overpaid relic of a bygone age?There is a school of economic thought that opposes the CBA because it creates an insider-outsider workforce, raising wages for those with an over-protected job and levels of unemployment for those without. It is just one side of the argument and there are strong ones available to counter it, but a clearer example of the validity of this thesis is surely hard to find. READ »
  • 27/1 11:02 Saab’s last chance saloonI sincerely hope that Spyker/Saab can prove the army of doubters wrong and become a winning combination. But if not then at least the interim period can be used to ensure that the Swedish automotive industry can prepare for life after if this newest dawn proves fleeting. READ »

Find a new job in Sweden now
18/03 Retail Engagement Executive within FMCG
Sale Nordic Staffing Services AB
Stockholm
18/03 Account Executive - OEM Solutions - Nordics (s)
Dell Inc.
18/03 ACCOUNTANT (14 MONTH) (M/F)
Page Personnel
Stockholm
18/03 Category Manager, Global Souring & Procurement - Indirect & Capex, Vestas Towers
Vestas Towers A/S
Varde
18/03 FINANCIAL CONTROLLER
Michael Page
Stockholm
18/03 GROUP ACCOUNTING MANAGER
Michael Page
Stockholm
18/03 Teaching Fellow - Software Development
Meltwater Entrepreneurial School of Technology
Stockholm
18/03 SENIOR INTERNAL AUDITOR
Michael Page
Södertälje
18/03 Home Haemodialysis Therapy & Clinical Practice Manager, Europe
PP PHARMA PLANING International Health Care Recruitment
Europe
18/03 Trade Planning Executive within FMCG
Sale Nordic Staffing Services AB
Stockholm

ALL JOBS »


Latest Business & Money news from Germany
Winter archipelago tours
Visit Stockholm's beautiful archipelago. Great boat tours for all preferences.
MORE INFORMATION
Doctor of Psychology
Therapy in English

David Schultz PsyD
Individuals & couples
In Stockholm in person or by phone or video conferencing
www.anxiousorblue.se
Play football in Stockholm
Kick-off the new football season with LFC, Stockholm's premier English-speaking football club.
MORE INFO
JOB: Digital Ad Operations Coordinator - Stockholm
The Local seeks a digital advertising specialist to administer advertising operations for our network of sites
FULL JOB DETAILS
Counseling in English Individuals & Couples - Stockholm
Beth Rogerson PhD - Clinical, Marriage & Family Therapist
Click or call 08-5580 1266 now
JOB: Sales manager - Stockholm
The Local is seeking a talented media sales professional to drive our online advertising sales
FULL JOB DETAILS
Visiting Stockholm?
Then you'll find The Local's new Stockholm Section useful. Find pics, guides, news and lots of useful information about Stockholm.
www.thelocal.se/stockholm
The Local's new Marketplace
Find products and services that are specifically focused on English speakers living in Sweden!
FULL DETAILS
Welcome to Adlon Hotel in Stockholm
A perfect location both for business and pleasure. Centrally located, with atmosphere.
www.adlon.se