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Copyright-holders lost file-sharing case

National News | 2009-10-13
The internet service provider Ephone is not obligate to reveal the identity of the person behind a IP number to five book publishers. This the High Court decided and thereby repeals the ruling of the District Court.

The verdict is important since it is the first time the Swedish implementation of the controversial EU directive IPRED is used. The ‘Ipred-law’ gives, after a court decision, a copyright-holder the right to make computer intrusions in order to collect evidence for proving a copyright infringement. This evidence is then tried in court where it is decided if the ISP must reveal the identity of the person responsible for the copyright infringement.

It was in June that the District Court of Solna ruled that the ISP Ephone should hand over information to five book publishers about who was behind a server where 27 audio books is said to be available for illegal downloading.

But the sentence was appealed to the High Court, who do not consider the evidence to prove any copyright infringement, in accordance with the law, since the data was not available to the general public. This since the data on the server was protected by a login-process. As there is no evidence about how many people that made use of the login, the High Court thereby finds no probable cause of copyright infringement.

The case was resolved by a vote among four judges. The vote came out even and the judgment was decided by the casting vote of the chairman.

David Jonasson
david.jonasson@stockholmnews.com

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