Comments on: Skivbolagsmaffian blir Poliser? http://www.b19.se/blog/kakbit/2008/11/skivbolagsmaffian-blir-poliser/ Piece of... Fri, 12 Mar 2010 23:32:59 +0000 http://wordpress.org/?v=abc hourly 1 By: Tor http://www.b19.se/blog/kakbit/2008/11/skivbolagsmaffian-blir-poliser/comment-page-1/#comment-769 Tor Wed, 12 Nov 2008 07:43:37 +0000 http://www.b19.se/blog/kakbit/?p=147#comment-769 Nja, parterna i de två fallen är ju olika - en ISP i det ena fallet och en privatperson i det andra. Så jag tror inte man kan få det till övergrepp i rättssak. Dessutom är det ju inget fel med förlikningar, men hela idén om civilmål bygger ju normalt sett på att parterna ingått ett avtal och är någorlunda jämnstarka. Riktat mot privatpersoner blir detta naturligtvis hot och utpressning. Nja, parterna i de två fallen är ju olika – en ISP i det ena fallet och en privatperson i det andra. Så jag tror inte man kan få det till övergrepp i rättssak. Dessutom är det ju inget fel med förlikningar, men hela idén om civilmål bygger ju normalt sett på att parterna ingått ett avtal och är någorlunda jämnstarka. Riktat mot privatpersoner blir detta naturligtvis hot och utpressning.

]]> By: Ole Husgaard http://www.b19.se/blog/kakbit/2008/11/skivbolagsmaffian-blir-poliser/comment-page-1/#comment-768 Ole Husgaard Wed, 12 Nov 2008 02:13:35 +0000 http://www.b19.se/blog/kakbit/?p=147#comment-768 What is confusing here is that there are actually two different court cases, Just as in Denmark. The first court case is in steps 3-5. This is the rights holder going to court against the ISP, and the person accused of copyright infringement is not a part in this court case. Usually this court case end with the ISP being ordered to tell the rights holder who had a given IP at a given time. When the first court case is done, there is no court case, but the rights holder has the identity of the internet subscriber who (if no error was made by the ISP) had the IP at the time the alleged infringement was seen from that IP. In Denmark, in about 99.8% of all cases no new court case is ever started. Instead the rights holder contacts the internet subscriber and tries to get him to pay voluntary, under the threat of an expensive court case. If the internet subscriber refuses to pay, usually nothing happens. This is because the rights holder is not really interested in clear case law, as this would make it impossible to get payment in those cases where it is known the rights holder cannot win the court case. With no ongoing court case it is almost impossible to do anything about these lawyers mailing people. In Denmark it has only happened once: A guy got a letter threatening with a court case, saying that he had made copyrighted music available to the public. He fought the lawyer for years. During this process he got an explanation: His "crime" was that he had linked to Creative Commons from his blog. From the CC web site there was a link to another website with a forum, where a link to a torrent page was posted. By going to the torrent page and from here downloading the torrent, you could download a copy of the illegal "The Grey Album". Thus, the lawyer reasoned, he indirectly made the music available. After several years of fighting, he won the best victory he could, though it was not much: Our bar association gave the lawyer a warning, and told him that he should not send such a letter under such circumstances. This lawyer is today leading the danish Antipiratgruppen, which is sending about a thousand letters out to private citizens each year. For more information about this case in danish: http://ing.dk/artikel/59418-antipiratgruppen-i-bizar-strid-om-link http://www.computerworld.dk/art/27758 <abbr><em>Ole Husgaards last blog post..<a href="http://www.piratpartiet.dk/node/29" rel="nofollow">Kommenteret Redegørelse for Graduated Response-systemet</a></em></abbr> What is confusing here is that there are actually two different court cases, Just as in Denmark.

The first court case is in steps 3-5. This is the rights holder going to court against the ISP, and the person accused of copyright infringement is not a part in this court case. Usually this court case end with the ISP being ordered to tell the rights holder who had a given IP at a given time. When the first court case is done, there is no court case, but the rights holder has the identity of the internet subscriber who (if no error was made by the ISP) had the IP at the time the alleged infringement was seen from that IP.

In Denmark, in about 99.8% of all cases no new court case is ever started. Instead the rights holder contacts the internet subscriber and tries to get him to pay voluntary, under the threat of an expensive court case. If the internet subscriber refuses to pay, usually nothing happens. This is because the rights holder is not really interested in clear case law, as this would make it impossible to get payment in those cases where it is known the rights holder cannot win the court case.

With no ongoing court case it is almost impossible to do anything about these lawyers mailing people.

In Denmark it has only happened once: A guy got a letter threatening with a court case, saying that he had made copyrighted music available to the public. He fought the lawyer for years.

During this process he got an explanation: His “crime” was that he had linked to Creative Commons from his blog. From the CC web site there was a link to another website with a forum, where a link to a torrent page was posted. By going to the torrent page and from here downloading the torrent, you could download a copy of the illegal “The Grey Album”. Thus, the lawyer reasoned, he indirectly made the music available.

After several years of fighting, he won the best victory he could, though it was not much: Our bar association gave the lawyer a warning, and told him that he should not send such a letter under such circumstances. This lawyer is today leading the danish Antipiratgruppen, which is sending about a thousand letters out to private citizens each year.

For more information about this case in danish:
http://ing.dk/artikel/59418-antipiratgruppen-i-bizar-strid-om-link
http://www.computerworld.dk/art/27758

Ole Husgaards last blog post..Kommenteret Redegørelse for Graduated Response-systemet

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