CyberLaw Blog

Archive for October 24th, 2008

Post from: TorrentFreak

IFPI Wins Danish File-Sharing Case: “

A man who was tracked sharing over 13,000 music tracks on Direct Connect back in 2005 has lost his appeal. The Vestre Landsret, one of Denmark’s higher courts, has ordered the middle-aged man to pay $24,400 (160,000 kroner) in compensation.

As far as anti-piracy headlines go, the IFPI would prefer those coming from Denmark recently to be kept as quiet as possible. Back in September, Danish ISPs rejected the IFPI ‘3 strikes’ proposals and then the anti-piracy group lost two court cases where alleged file-sharers used the so-called ‘wireless defense’.

This week, however, the IFPI and Danish Antipiratgruppen achieved a small victory in the case of a middle-aged man from Aalborg who used Direct Connect (DC) to share around 13,000 music files in 2005.

According to a Comon.dk report, the IFPI/Antipiratgruppen tracked activity which it linked to an IP address registered to the man. Obviously – as in all such cases – it was not possible to positively identify the person at the keyboard simply via the IP address, but the man made some admissions in what appears to be a generally weak defense, and these seem to help seal his fate.

Having previously lost his case in the district court, the man appealed and the case went to the Vestre Landsret, one of Denmark’s highest courts.

The defendant claimed that he couldn’t figure out how to use Direct Connect but admitted visiting the software’s homepage, albeit on an old PC which dated back to the mid 1990’s. It was also made clear in court that the man did not operate any type of wireless network, eliminating a defense which proved successful in other cases.

The ruling from the Vestre Landsret which was announced yesterday morning, stated that the man was guilty of copyright infringement. ‘The Court held that no person other than him [the defendant] could have used the IP address, and therefore he was sentenced,’ said Antipiratgruppen lawyer, Maria Fred Lund.

The defendant was ordered to pay 160,000 kroner ($24,400) in damages, which was substantially less than the 440,000 kroner ($67,200) the anti-pirates wanted. He was also ordered to delete the music files he had obtained illegally.

Although the damages are less than the IFPI would’ve liked, the defendant’s lawyer, Per OverBech, says they could appeal to get the damages reduced. The court calculated the damages based on the losses estimated to have been suffered following the breach of copyright. The Vestre Landsret set an amount of 80,000 kroner ($12,200) and used the principle of ‘double-up’ to reach a final figure of 160,000 kroner ($24,400).

The ‘double up’ provision in Danish law is comprised of two parts. The first part covers the losses estimated to have been suffered following the breach of copyright. The court then doubles this amount to cover the actual losses and the documenting of such losses, which Antipiratgruppen and IFPI did not do.

‘It is worth noting that it certainly pays to deal critically with the requirements of Antipiratgruppen,’ said Per OverBech. ‘But in this case, the Vestre Landsret applied the principle of double-up, and I do not think there is reason for this,’ noting that Antipiratgruppen provided no evidence to prove that sales had declined due to the alleged file-sharing activities of his client.

OverBech admits that it is unlikely that he will achieve an acquittal for his client but could go to the Supreme Court to contest the ‘double up’ principle applied by Vestre Landsret.

Thanks Peter_Pan

Top prosecutor warns against growing state power: “

Urges caution on new surveillance powers

The country’s most senior prosecutor has intervened in the gathering storm over the forthcoming Communications Data Bill by urging ‘legislative restraint’ in coming months.…

“

(Via The Register – Public Sector.)

German privacy watchdogs agree social networking ground rules: “

Keep users informed about data use

Social networking sites are not permitted to store information about people’s use of the sites beyond the duration of a particular session, according to a panel of Germany’s data protection officials.…

“

(Via The Register – Public Sector.)

Government tied in knots by bondage protest: “

Campaign group objects to government sexual witch-hunt

‘Forget the whips and chains: it’s actually a lot more serious than that’. This was the view of Consenting Adult Action Network Spokesperson and disability activist Clair Lewis, as she joined fashion photographer Ben Westwood and a bevy of bound and gagged models in a demonstration against what they believe to be the latest government witch-hunt.…

“

(Via The Register – Public Sector.)

Privacy watchdog calls Home Office plans threat to British way of life: “The Information Commissioner’s Office (ICO) has said that a single database of phone and internet usage records would undermine the ‘British way of life’. The privacy watchdog has said that it will scrutinise Government plans for storing that information.”

(Via OUT-LAW News.)

As of today access to the popular blogging website Blogger.com has been blocked in Turkey with a blocking order of the Diyarbakir First Criminal Court of Peace (dated 20.10.2008 and order no. 2008/2761). The reason for issuing the order ban is unknown but a considerable number of Turkish users are affected including myself who contribute to a popular an anti censorship blogging site at http://sansuresansur.blogspot.com/.

I will provide further information as soon as further information is available. As of 01 October, 2008, 1115 websites are blocked in Turkey under the provisions of Law No. 5651. It is however believed that the blocking order issued by the Diyarbakir court is outside the scope of Law No. 5651. The blocking orders issued under Law No. 5651 are executed by the Telecommunications Communication Presidency (TIB) and they provide an “execution notice” when that is the case. However, there is no information whatsoever provided on the http://www.blogger.com pages when accessed from Turkey.

[Blog entry by Dr. Yaman Akdeniz]

A detailed assessment of the Turkish approaches to Internet content regulation will be provided in an 80 page long report entitled Restricted Access: A Critical Assessment of Internet Content Regulation and Censorship in Turkey written by Dr. Yaman Akdeniz and Dr. Kerem Altiparmak. This bi-lingual (English/Turkish) report will be published during November 2008 and will be made available as a PDF file through cyberlaw.org.uk and cyber-rights.org.tr pages.