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FILE-SHARING

Court rejects ISP appeal in anti-piracy case

Swedish-Finnish telecom giant TeliaSonera has been instructed by the appeals court to hand over the names and addresses of people behind a file sharing website in a landmark anti-piracy law ruling.

“The court of appeal has decided today to uphold the Södertörn district court’s decision to order an Internet service provider to give out the names and addresses of the holders of certain IP-addresses,” it said in a statement.

The court said its ruling against TeliaSonera was based on Sweden’s controversial Ipred law, which came into effect on April 1st last year and gives copyright holders the right to require service providers to reveal details of users who share files, paving the way for legal action.

If TeliaSonera does not give out its clients’ identities, it will have to pay a fee of 750,000 kronor ($96,523), the TT news agency reported.

The company was also ordered to pay the court fees.

On February 11th, TeliaSonera logged an appeal against the lower court decision forcing it to provide the names and addresses of those behind swetorrents.org website to Svensk Filmindustri, a Swedish film production and distribution company, among others.

The companies had argued Swetorrents violated copyright laws by making copyrighted material available through its homepage, and used the Ipred law to

force TeliaSonera to reveal the site operator’s identities.

Until the law was introduced, Sweden – home to one of the world’s most popular file sharing sites, The Pirate Bay – had widely been considered a haven for illegal file sharing.

While Swedish Internet use significantly dropped in the days after the introduction of the law – attributed to a decline in illegal downloading – the fall was only temporary, according to internet exchange point operator Netnod.

According to a Sifo survey published by broadcaster Viasat on April 1st the number of illegal file sharers is in fact increasing, with 16 percent of Swedes responding that they engaged in the practice.

While Netnod figures for April 2010 show that the short dip was part of a longer term steady upward trend, Ipred has been lauded by the music, film and video games industries.

The TeliaSonera case however represents only the second attempt by a copyright holders’ organization to utilize the new anti-file sharing law.

In June, the district court in Solna, north of Stockholm, ordered broadband provider Ephone to hand over information to five book publishers about a server from which audio books were made available for download on the internet.

Ephone has since appealed the ruling.

The new file sharing law is based on the European Union’s Intellectual Property Rights Enforcement Directive (IPRED).

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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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