SHARE
COPY LINK

FILE-SHARING

Publishers triumph in anti-piracy test case

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.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

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.

SHOW COMMENTS