Retrial declared in Sweden’s largest file-sharing case

The Linköping district court has decided to retry Sweden’s largest file sharing case.

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The case involves a 31-year old Linköping man accused of illegally making 23,000 music files and 30 films available for download from the internet.

In December, the prosecutor was forced to drop the two counts related to the music files after an expert witness for the defense questioned the investigative methods used by Sweden’s Anti-Piracy Agency (APB).

Prosecutor Britt-Louise Viklund felt the need to withdraw two of the three counts in the indictment, including those related to the 23,000 music files. The count related to the 30 films remains.

The case has drawn a great deal of attention because a conviction resulting in both fines and prison time would allow future investigations to include home searches of those suspected of file sharing. Currently, searches are not allowed because file sharing crimes have only been considered fineable offences.

Following the prosecutor’s decision, the Swedish branch of the International Federation of the Phonographic Industry (IFPI) asked to take over the portion of the indictment related to the music files. Just hours before the judgment was set to come down, the court decided that the case would be taken up again at a later date, saying they saw no reason to reach a judgment on the reduced indictment.

“We maintain that the technical evidence is sufficient. We have received an inquiry from the court if we would like to continue with the music file-sharing as its own indictment and we have said we would,” said IFPI lead Lars Gustafsson.