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Publishers win anti- piracy law test case

TT/The Local · 25 Jun 2009, 12:23

Published: 25 Jun 2009 12:23 GMT+02:00

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If the company, broadband service provider ePhone, fails to comply with the order from the Solna District Court to hand over information about the users connected to certain IP-addresses, it will face 750,000 kronor ($95,000) in fines.

The court found that there is probable cause to believe that ePhone users were violating copyrights and that the company should pay the publishers’ court costs of 75,000 kronor.

When the new Swedish law came into force on April 1st, 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.

Story continues below…

The publishers then sought a court order which would force ePhone to divulge information about the users tied to the IP-address.

TT/The Local (news@thelocal.se)

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Your comments about this article

13:25 June 25, 2009 by Mister E
Ephone would probably be better off failing to comply with the order and paying the 750,000 SEK fine. Otherwise, their customers will flee to other providers who have stated that they will not comply with such orders.
13:48 June 25, 2009 by Holecutter > The Howl From Hell
This is going to be difficult for the ISP's......give up the details of their customers to those tossers and in the process lose their customers. I'm a Telia customer and when the day comes that they comply with the tossers will be the day that I look elsewhere for another ISP.

As for all the music, publishing and film industry whiners............................whine on.
14:23 June 25, 2009 by Frobobbles
The law is flawed, as anyone can make an Ipred demand. If the ISP refuses to give up the identity, they might have to pay for all the court costs. This means that ISP's are forced to give out the identity and address of anyones IP address completely arbitrarily, without any court investigation of the claims. Did the lawmakers really realize what a disaster such a law is for personal integrity?
23:07 June 25, 2009 by SaltWater
"Fantastic, humm, I don't have the password of that bank... ISP tell-me who has it!!! NOW or you pay fines" Great for blackmail etc, what a nice law!
08:57 June 27, 2009 by RoyceD
I think the strangest part in all this is the fact that it is audio book authors leading the charge in this instance.... A person who wrote a book is annoyed that the digital version of some one reading their book out loud is being shared around.... that is like the best advertising ever for your book and yet you some how feel you have the right to sue people for it? that only indicates greed and nothing else.
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