CyberLaw Blog

Archive for April 28th, 2009

IFPI Publishes Translated Pirate Bay Verdict: “If you’re up for some light reading, the IFPI (International Federation of the Phonographic Industry) has published an exhaustive 77 page Swedish to English translation of The Pirate Bay verdict. The Pirate Bay’s four main actors were found guilty earlier this month of ‘Complicity in breach of the Copyright Act’. They currently face 1 year in prison and a $3.5 million dollar fine.”

(Via Slyck.com File-Sharing News And Information.)

(Via TorrentFreak.)

Danish Pirate Bay Block Sets Sail for Supreme Court: “

A Danish appeals body has accepted a petition from Telenor to take a High Court decision ordering it to block The Pirate Bay, to the Supreme Court.

‘We are pleased that we now have the opportunity to find out whether it is Internet Service Providers responsibility to ensure the closure of a website,’ said Telenor’s regulatory chief Nicholai Kramer Pfeiffer.

Referring to the court’s decision last year ordering it to block the world’s largest tracker, Pfeiffer added, ‘We have always been highly skeptical when we receive subpoenas in this type of case.’

Pfeiffer told Computerworld that he believes taking the case to the Supreme Court will result in a clearer picture for those dealing with these types of cases (blocking sites) in the future. ‘We seek a clarification of whether we have a responsibility to help the stuff flowing through our networks, as we have no commercial interest in the individual sites,’ said Pfeiffer.

Pfeiffer also said that it makes ‘good sense’ to get as close as possible to the source of a problem. Indeed, if the Swedish authorities could close down The Pirate Bay, then there would be no need for Telenor to block anything at all, since there would be nothing to block.

Earlier this year Pirate Bay’s Peter Sunde told TorrentFreak that they are seriously considering suing the IFPI for unfair competition. ‘They have had a monopoly on distribution and we’re breaking that monopoly, and in turn they sue people that allow access to our distribution method,’ he told us at the time.

The IFPI is not scared of yet another confrontation. ‘Peter Sunde is welcome to sue us,’ Jesper Bay, the head of the Danish IFPI said when the news was announced. Ironically, one of the websites explaining how to get around the Danish blockade carries Jesper Bay’s name.

(Via TorrentFreak.)

Taiwan Bans Torrent Sites, Brings in 3 Strikes for File-Sharers

Yesterday Taiwan passed revisions to its copyright laws which hit file-sharing pretty hard. The amendment makes it a crime to use P2P technology to facilitate the distribution of copyrighted works online, which sounds like pretty bad news for Taiwanese torrent sites who previously operated in a legal gray area.

For ISPs, the legislation provides a double-edged sword. The plus side is that in future ISPs will be exempt from taking responsibility for the copyright infringing actions of their customers, under a DMCA-style ’safe harbor’ provision, coupled with a ‘takedown’ system for alleged infringing content.

The downside is ISPs will have to introduce a ‘3 strikes’ regime for subscribers accused of infringement by copyright holders. After the third ’strike’, the ISP can take a range of measures against the user including throttling or disconnection.

The ‘3 strikes’ regime in no way protects file-sharers from the copyright holders taking legal action against them, so they could face disconnection and a claim for damages. The change in the law is aimed squarely at heavy uploaders, not casual file-sharers.

According to another report, ISPs will not be permitted to hand over the personal details of alleged file-sharers to copyright holders. However, should the individual submit a counter claim to restore previously removed content (read: protest innocence), his or her details can be made available to the rights holders.

Several countries are currently considering to implement ‘3 strikes’ legislation, most notably France. The UK was thought to be heading in a similar direction, but Minister David Lammy ruled out this possibility. ‘We do not believe that would be the right road to go down,’ he said recently.

Taiwan sides with France and believes that the new legislation will be effective in reducing copyright infringement on file-sharing networks. In addition, Taiwan’s Intellectual Property Office will also launch an anti-piracy publicity drive to help the public understand the new legislation and the ‘problem’ of piracy.

Germany approves strengthened child abuse law: “

‘Stop’ screen to harass seekers of verboten images

The German Cabinet has approved a law to strengthen the existing ban on child sex abuse images.…

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(Via The Register – Public Sector.)

Street View nod prompts call for privacy watchdog reform

ICO under fire

Updated Frustrated by years of alleged intransigence in dealing with complaints about privacy-infringing new technologies, activists have called for politicians to investigate and reform the Information Commissioner’s Office (ICO).…

(Via The Register – Public Sector.)

UK.gov to spend £2bn on ISP tracking: “

Uberdatabase ditched, but IMP is go

The government plans to spend £2bn for ISPs to intercept details of their customers’ emails, VoIP calls, instant messaging and social networking.…

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(Via The Register – Public Sector.)

ISPs eye role in Jacqui’s mass surveillance system: “

As long as you’re paying for it

The trade body for ISPs has today cautiously welcomed news that the government does not plan to build a massive, centralised database of communications data, but voiced fears about the cost to its members.…

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(Via The Register – Public Sector.)

UK scraps plans for Big Brother database: “Jacqui Smith, the Home Secretary, has scrapped plans to build a giant database
to monitor the UK’s e-mails, phone calls and internet activity. Instead,
records of every electronic communication will be held by private companies
at an estimated cost to the taxpayer of £2 billion over ten years.”

(Via Tech and Web from Times Online.)

Government drops plans for single communications database over privacy concerns: “The Government has ruled out the creation of a controversial database which would have stored details of web use, emails and phone calls made by people in the UK. It said that it was the ‘most effective’ solution but has ruled it out on privacy grounds.”

(Via OUT-LAW News.)

IP minister rules out ‘three strikes’ disconnection law: “The Government minister responsible for intellectual property has ruled out a ‘three strikes’ law denying internet access to illegal file sharers. David Lammy said cutting off users was not ‘the right road’ for UK law makers.”

(Via OUT-LAW News.)