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First Swede Prosecuted For File Sharing

praps writes "The Local reports that a 27-year old man who allowed people to download a film from his PC has become the first Swede to be charged with illegal file sharing, after a tip-off from the country's notorious Anti-Piracy Bureau. It's a critical test case, as prosecutors say that anything less than a prison sentence would make future prosecutions unlikely." From the article: "The case was brought after a tip off from Antipiratbyrån (APB), a lobby organization set up by the media industry to combat illegal downloading in Sweden. Since the man was reported APB has found itself in hot water, with an Internet company accusing the organization itself of illegally downloading films and games.

29 of 432 comments (clear)

  1. Prison? by ram4 · · Score: 5, Informative

    A prison sentence for copyright infrigement? Are we loosing the sense of proportion here?

    What about murderers? Oh right, they also get prison sentences.

    1. Re:Prison? by Anonymous Coward · · Score: 5, Insightful

      So a human life is worth about 8 pirated movies.

      Good to know.

    2. Re:Prison? by ram4 · · Score: 5, Insightful

      Granted, but what about this further distinction:

      * Copyright infringement, for profit (illegal reselling of a copyrighted work for which you have no rights).
      * Copyright infringement without profit (illegal redistribution, for free).

      Would you agree that the second is of a lesser degree. And that it is closer to "free advertisement" (as in: "look, I like this movie/music, I think it's cool, don't you share my view?").

    3. Re:Prison? by daikokatana · · Score: 5, Insightful
      Recently there was a lot of commotion about a murder case here in Belgium. The end result was a 1 year sentence for the killer. Yes, that is 1 (one) year.

      Where is your sense of proportion now?

      Do you want another example? Ok, I have one right here. A guy (drunk) crashes his car into a building at high speed, kills one bystander. Previously, they have taken away his license three times for drinking and driving, speeding and reckless behaviour. End result? One year in prison. Please put him in jail with that Swede, I think they have a lot in common (sarcasm overdose).

      --
      http://jcsnippets.atspace.com/ - a collection of Java & C# snippets
    4. Re:Prison? by MathFox · · Score: 4, Informative
      This is the classic Robin Hood defense, and under American law, essentially worthless in court.
      As far as I know, Sweden is a member state of the EU and US law doesn't apply there. In European Law (at least the Dutch law that I find easier to read that the Swedish) they make a difference between "infringement as business" and "infringement as private activity". It can make a factor 10 difference in punishment!
      --
      extern warranty;
      main()
      {
      (void)warranty;
      }
    5. Re:Prison? by Ohreally_factor · · Score: 4, Funny
      Copyright infringement without profit (illegal redistribution, for free).
      Would you agree that the second is of a lesser degree.

      This is the classic Robin Hood defense, and under American law, essentially worthless in court.

      Maybe it's worthless in court, but it rhymes, so I imagine Johnny Cochrane could use it pretty effectively.
      --
      It's not offtopic, dumbass. It's orthogonal.
    6. Re:Prison? by v01d · · Score: 5, Insightful
      Then you'd say, "So a human life is worth 18 pirated movies. Good to know."

      And the point would still be valid. A life is worth more than every movie ever made; any punishment for copyright violation that includes jail time is out of proportion.


      By the same token anyone who risks jail time to download Big, is a bit crazy.

  2. Less than prison is ineffective?? by vitalyb · · Score: 4, Insightful

    Ugh, for crying out loud. I can only hope that the judges are more sane than the persecutors.

    It is still a question if that's "stealing" at all but they just have to put someone in prison for it anyway.

    Seems like what they're hoping for is that the whole P2P is a bad dream and if they POP it hard enough, it will all go at once. Next aim would be to put a man on an electric chair, I guess?

    So... How hard do they need to abuse the next victim for you to stop downloading? Prison? Ass rape? Work camps? Sheesh.

    1. Re:Less than prison is ineffective?? by Dice+Fivefold · · Score: 5, Informative

      The reason the prosecutors want a prison sentence is this:
      According to Swedish secrecy law, the ISPs can only be ordered to reveal the identities behind IP numbers if the crime is worth a prison sentence. This case will serve as a precedent. If this guy is spared from prison (very likely), ISPs will no longer reveal file sharers identity.

    2. Re:Less than prison is ineffective?? by Anonymous Coward · · Score: 5, Insightful

      On this side of the Atlantic we've moved past the medieval system of executions and brutal prison that you Americans incomprehensibly think is compatible with civilisation. We recognise two things - firstly, that prison is about rehabilitation, not anal rape, and secondly, that simply being deprived of one's freedom for several years is already a horrible punishment, without actually having to chain people to damp dungeon walls.

      You people seem to think justice is all about retribution and "making the bastards what did it suffer". We think it's about keeping criminals away from the public (so they can't continue to commit crimes), and trying to reeducate them so they won't go on and commit crimes again when they're released.

      Europe has a lower crime rate per capita than the USA: in the case of Sweden, far lower. There are only two possible conclusions - either Americans are genetically predisposed to crime, or the European systems of government, education, and justice work better than the American one. I'll leave it to you to decide which of the two you consider less unflattering.

  3. Nice prosecutor by bigtallmofo · · Score: 4, Interesting

    I thought the headline First Swede prosecuted for sharing files on net was fairly ominous but then I felt better after I read down a bit...

    Here's a quote from the prosecutor:

    "As these cases do not involve criminals, but instead quite ordinary people who share their files, any prison sentence would certainly be suspended," Rudström said.

    Is it just me or does this sound like something that would be said by a defense attorney?

    --
    I'm a big tall mofo.
    1. Re:Nice prosecutor by remahl · · Score: 4, Interesting

      According to Swedish law, the responsibility of the prosecutor is not to get the most severe punishment, but the most appropriate and lawful one. The prosecutor may not even prosecute if he/she is not reasonably sure it will result in a conviction.

    2. Re: Nice prosecutor by Black+Parrot · · Score: 5, Funny


      > I thought the headline First Swede prosecuted for sharing files on net was fairly ominous

      I was shocked just to hear that the first Swede is still alive.


      --
      Sheesh, evil *and* a jerk. -- Jade
  4. Crimnal Case??? by adennis · · Score: 5, Insightful

    I don't know about everyone else, but copyright violations seem like they should ONLY be civil. This criminal prosecution is just taken to far: congress was even attempting to pass a bill that would make copyright violation a criminal offense in the US! (I dont think it passed though..)

    Won't putting these people in jail prevent the copyright holders of collecting damages? (Isn't that the point: that they are supposed to be reimbursed for lost money?)

    If this happened in the US, the end result would be that everyone that is ever convicted of copyright violation is going to be punished twice: jailtime plus civil lawsuit...

  5. APB by Rosco+P.+Coltrane · · Score: 5, Funny

    tip off from Antipiratbyrån

    My file døwnløåding sister wås bitten by an antipiratbyrån once...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:APB by The-Bus · · Score: 4, Funny

      Come si our loveli byttørrents...

      --

      Small potatoes make the steak look bigger.

    2. Re:APB by Rosco+P.+Coltrane · · Score: 5, Funny

      Norway and Denmark:
      å : aa, æ : ae, ø : oe
      Sweden:
      å : aa, ä : ae, ö : oe

      Not that this helps us ignorant redneck Americans any, since almost no English words have "aa" or "ae" in them. How are these sounds pronounced, anyway?


      "aa" is pronounced like the danish "å" and "ae" like the swedish "ä"...

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  6. APB themselves aren't really spreading files by Jugalator · · Score: 4, Interesting

    Since the man was reported APB has found itself in hot water, with an Internet company accusing the organization itself of illegally downloading films and games.

    More exactly: for paying a person to infiltrate an ISP to download and spread copyrighted files there, and later sue that ISP. I don't think the infiltrator was actually employed by the anti-piracy bureau; he just got some money to do the job. Also, it's not known anyone else at APB has in any case done this themselves. It's still of course quite dirty tactics to sue an ISP, and I hope they're not getting away with it.

    --
    Beware: In C++, your friends can see your privates!
  7. Pirate Bay by kiveol · · Score: 5, Informative
    The person in charge of Pirate Bay (a major BitTorrent site) has been flaunting the fact that laws in the US/EU don't have any effect in Sweden. http://static.thepiratebay.org/legal/

    This could be the end of the low ratio of torrents deleted vs. the law suits...

    1. Re:Pirate Bay by ardiri · · Score: 4, Insightful
      • The person in charge of Pirate Bay (a major BitTorrent site) has been flaunting the fact that laws in the US/EU don't have any effect in Sweden


      he isn't flaunting that US/EU laws have no effect; he is simply mentioning that bittorrents are not illegal. if bittorrents were illegal, then so would a http reference from slashdot. keep in mind a bittorrent only tells you how to get the files by providing information as to where the file is being tracked. its not the copyrighted file in question that he is hosting.

      hence, its perfectly legal.
    2. Re:Pirate Bay by BlowChunx · · Score: 4, Insightful

      move the servers to Russia or some other place where they still have freedom

      Man how times have changed...

  8. This APB is in a big mess. by a_n_d_e_r_s · · Score: 4, Informative

    "accusing the organization itself of illegally downloading films and games."

    Downloading ? No its uploading they are accused of. One informant they hired was the main one responsible for uploading films, music and computer programs to a computer at a ISP who they later got the police to raid and take for evidence.

    The thing is a whole mess with basically everyone involved having been accused of misconduct or unlawful activities - ISP, police and the APB.

    --
    Just saying it like it are.
  9. Re:from the i-own-everything dept by Rosco+P.+Coltrane · · Score: 4, Funny

    i-own-everything

    Is that a new Apple product?

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  10. APB caught violating copyright! by d99-sbr · · Score: 5, Interesting

    Now this will certainly crack you up, but it turns out that Swedish public access radio (SR) channel P3 did an interview with Antipiratbyrån (APB) a while ago. APB then went ahead and published this interview on their website. Naturally, republishing a recording from radio is an obvious copyright violation.

    Somehow, SR discovered this. They brought their legal counsel into the studio, rang up APB, and confronted them. APB's response?

    * Firstly, they try to claim that they only link to the audio clip, and not a copy of it. The legal counsel shoots this down immediately citing a court decision where linking directly to a file is equivalent to sharing a copy.

    * Secondly, APB claim that what they are really looking for are pirates who make a lot of money from their piracy. As has been discussed pretty heavily in Swedish media, this kind of piracy is virtually nonexistent in Sweden.

    * Thirdly, they dismiss the whole thing, because, and this is the best thing: THEY ARE TOO BUSY HUNTING DOWN PIRATES!

    This news hasn't really broken yet, and because of easter holdays I believe it won't until early next week.

    Skip

  11. Re:Here is what he really said: by DancesWithBlowTorch · · Score: 5, Insightful

    Actually, I think he mostly speaks in Swedish, since he's from Sweden. That's a large Country in the north of Europe (an area called Scandinavia), boasting one of the world's best education systems, an extremely well developed technological infrastructure (far better than the US, for example) and very strict ecological standards. The people there have got a language that is different from English (although remotely connected, both being germanic languages). English -- since you might wonder -- that's the language you've just used. Or, well, tried to. Swedish sounds quite different when compared to English. It is much more melodic. "Bork" is not a very common word in Swedish, as far as I know.
    Surprisingly enough, the swedish people, despite having this beautiful old language, try very hard to learn and speak English, because it happens to be a very popular language all over the world. It might be that a few of them have a rather strong accent, but you should hear how ridicolous native english speakers sound when they try to speak _any_ other language.


    Sorry for ranting. I know you where joking. But jokes about other people's lack of english skills mostly come from persons who have never mastered a foreign language (we don't even talk about their own...), that pisses me off.

    And, by the way: I'm not swedish. But all (8) the swedish people I know are extremely proficient in English.

  12. Re:Entrapment? by CyberDruid · · Score: 4, Informative

    It is forbidden. The police are not allowed to entice a suspect to commit crime in any way.

    --

    Opinions stated are mine and do not reflect those of the Illuminati

  13. Way to go! by AtariAmarok · · Score: 4, Funny

    Modded +4 Insightful for bashing the muppet "Swedish Chef"!

    --
    Don't blame Durga. I voted for Centauri.
  14. And next. by AtariAmarok · · Score: 4, Funny

    Next thing, I will mention Kermit the Frog, and will get flamed for bashing the French and swamp-dwellers.

    --
    Don't blame Durga. I voted for Centauri.
  15. English vs. Swedish by Simonetta · · Score: 5, Funny

    If you want to see how different Swedish is from English, go to Stockholm.

    If you want to see how similar Swedish is to English, go to Helsinki.