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THE PIRATE BAY TRIAL

COPYRIGHT

Defence: file sharing an ‘internet problem’

The Pirate Bay's operations are completely legal, the defence counsel representing one of the defendants, Fredrik Neij emphasized in his concluding comments on Tuesday morning.

Defence: file sharing an 'internet problem'

“The prosecutor has said that it is not the technology that is on trial, but it is Pirate Bay’s technology and how it is used that renders it permissible,” Jonas Nilsson, representing Fredrik Neij, said to the court.

Nilsson also pointed out that the prosecutor had stated that the majority of the material available on The Pirate Bay is copyrighted material.

“There is no evidence that supports this.”

“It is a completely legal technology that is offered by The Pirate Bay. It is an open site where users themselves upload content. There is certainly a lot of copyrighted material but this is an internet problem, not a Pirate Bay problem.”

“Bit torrent technology can be used for both legal and illegal means on Pirate Bay in the same way as by Google or MySpace. That someone at The Pirate Bay has a cocky attitude or certain political standpoint is not sufficient to issue a guilty verdict,” Nilsson continued.

Nilsson also dismissed prosecutor allegations that the men behind the site have made millions from its operation.

“It is not proved that Fredrik Neij has earned any money, just that the Pirate Bay’s advertising revenues have gone to paying the site’s costs.”

The defence summations will wrap up the trial on Tuesday.

The court is expected to take a few weeks to announce a verdict.

FACEBOOK

Denmark proposes new law to make Facebook pay for news and music

The government is to forward a bill on Friday proposing tech giants such as Facebook and Google pay Danish media for using content on their platforms.

Denmark proposes new law to make Facebook pay for news and music
File photo: Regis Duvignau/Reuters/Ritzau Scanpix

The proposal will also mean platforms used to share media, such as YouTube, will be required to make agreements with rights holders in order to display videos or music, the Ministry of Culture said in a statement.

A comparable law recently took effect in Australia, resulting in all news pages being temporarily blocked for Facebook users in the southern hemisphere country.

READ ALSO: Could Denmark force Facebook to pay for news content?

“The media plays a central role in our democracy and ensures that public debate takes place on an infrormed basis,”culture minister Joy Mogensen said in the statement.

“If the media are to be able to continue making journalism, they should of course be paid for its use,” she added.

The proposal will provide for rights holders such as musicians or media outlets to be given a new publishing right which will enable them to decide who can use their content.

As such, companies like Facebook and Google will need permission to use the content online.

The Danish proposal builds on an EU directive which gives individual media outlets the right to agree deals with tech giants.

The bill put forward by Mogensen will allow Danish media to make a collective agreement with the tech companies providing for payment when their content is used.

An interest organisation for Danish media companies has backed the proposal.

“We have wanted to be able to enter collective agreements with tech giants because that would strengthen the media companies’ position,” Louise Brincker, CEO of Danske Medier, told newspaper Berlingske. Brincker noted she had not yet read the full proposal.

Media will not be obliged to make agreements with the tech companies, however. Complaints to the Danish copyright board, Ophavsretslicensnævnet, will be possible under the new law, should it be passed by parliament.

The bill will become law on June 7th should it receive the backing of a parliamentary majority.

Both Facebook and Google decline to comment to Berlingske on the matter, stating they had yet to see the bill in full.

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