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Publishers triumph in anti-piracy test case

TT/David Landes · 29 Oct 2009, 07:43

Published: 29 Oct 2009 07:43 GMT+01:00

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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.

Story continues below…

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)

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Your comments about this article

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)

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?
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