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Sweden's File Sharing Debate Becomes Mass Brawl

praps writes "When Sweden's Data board gave the film and games industry organisation Antipiratbyrån an exemption from data protection laws last week it seemed that file sharers were on the ropes. Then the music industry joined in with some punches of its own, saying it too will hunt those who share songs online. Suddenly, file sharers have the support of their ISPs, who are refusing to cooperate with the big industries - and it's game on." From the article: "Only the file sharer's ISP can link the IP address to the person. If the ISP receives a request for such information from the police, they cannot refuse it, but a few calls from TT revealed that requests from APB would be ignored." We've previously reported on Swedish anti-downloading laws before.

18 of 406 comments (clear)

  1. Makes me laugh. by dada21 · · Score: 5, Interesting


    Every lawsuit against people not judged to be criminals by their friends and family is just another mark against the recording and film industries. You know what they say about business: anger one customer and they tell 10 friends.

    These lawsuits go beyond anger, they financially hurt customers. For every $10,000 they receive in settlements, they could be losing multiples of in lost future business.

    My luddite parents discovered P2P because of some news article about these suits in the U.S. They were blind to Napster since its inception.

    I wasn't surprised to see Limewire on my dad's PC a few months ago. This is a guy who never touched a mouse until 2003.

    You can stop a river with a boulder when it is still a 6" trickle. Yet the boulder does not one bit when the river is a torrent.

    In the long run, ISPs who share privilege information will go out of business. I hereby amend my previous position: "Information that hurts no innocents wants to be freely accessible."

    1. Re:Makes me laugh. by www-xenu-dot-net · · Score: 5, Funny

      "Information that hurts no innocents wants to be freely accessible." Could we please stop anthromorphising information. It doesn't like that.

    2. Re:Makes me laugh. by Mick+Ohrberg · · Score: 4, Insightful

      ...and make better music.

      --

      Quidquid latine dictum sit, altum sonatur.

    3. Re:Makes me laugh. by robertjw · · Score: 4, Insightful

      Once people are listening to the music they like, they don't think about RIAA or BMG for that matter.

      That's why the RIAA exists, to protect the interests of the studios while minimizing negative PR for individual companies in the recording industry. If one individual company, say Sony, started throwing around lawsuits it would be easy for consumers to stop buying their products. With the RIAA it's difficult to know where individual studios, publishers, distributors or artists stand on the issue. Most people don't want to boycott music altogether, so the RIAA can act without hurting it's market much.

      But in reality, I am seeing a lot of artists supporting RIAA and co. To name a few - Metallica, Eminem etc.

      A lot of artists? You named two, and neither are what I would call typical artists. Metallica has sold out and is over the hill. Most old school Metallica fans I know either have grown up or think all of their new stuff sucks. Their career has peaked and they have much more to gain by supporting the RIAA than by pissing off their fans. Eminem is similar. He's at the point where he can put out any crap and people will buy it, kinda like U2, plus there's rumours he's going to retire. Again, he has nothing to lose from denouncing file sharing and everything to gain.

      It's interesting to me that there are only a few artists that have actively come out in support of the RIAA's position out of thousands of musicians. I don't think the quiet ones are guilty, I think they are just smart enough to not get involved. They don't want to alienate their fans, but they want to keep a good relationship with their studios. It's actually somewhat unfortunate. It would be interesting to know what most artists honestly think about file trading, but as long as the RIAA and the studios are involved I don't think we will get an honest answer from anyone.

  2. The Shell Game Continues by geomon · · Score: 4, Insightful

    So the European equivalent of the MPAA/RIAA will have succeeded in shutting down file sharing of copyrighted material in Sweden only to see it pop up elsewhere in the world. This game will continue because, like all forms of covert smuggling operations, the excise tax charged by these organizations are viewed by the consumer as onerous and overpriced. If the music and film industry were to reduce their taxes, just as England did in the mid-18th Century, they will find that compliance increases and smuggling declines to nominal levels.

    You can say the same thing about prohibition. Once you create a black market for a product through legislation or exorbitant pricing, it is impossible to put smuggling down permanently.

    --
    "Rocky Rococo, at your cervix!"
    1. Re:The Shell Game Continues by trynis · · Score: 5, Informative

      So the European equivalent of the MPAA/RIAA will have succeeded in shutting down file sharing of copyrighted material in Sweden only to see it pop up elsewhere in the world.

      Actually, they have not succeeded in anything except that they are now allowed to store and process personal information about file sharers. Recently the data board classified IP-adresses as personal information, which meant they needed permission to store and process it without the users consent. They now have this permission. However, since it is now clear that they are subject to this law (called PUL, which means something like Law of Personal Information), they are also required to tell the registered person about the registration. In order to do this they need to know who has a particular IP, and only the ISP can help with this, but they refuse to cooperate. It is all very confusing and amusing to follow.

      --
      This is not a sig.
  3. Seems about right by slavemowgli · · Score: 5, Insightful

    That seems like exactly the right thing to do to me, actually. Not that I think that copyright infringement is something that necessarily should be allowed, mind you, but if somebody's done something wrong, then it's the job of the police to investigate - not private companies'. And the fact that Antipiratbyrån seems to have planted evidence in the past (search for it, I'm too lazy to look up the story; Slashdot covered it) just shows again why this is important.

    What's more, it's not immediately clear to me why it would even be legal for an ISP to give out data about customers to a private company that asks for it, without (I presume) the customer's knowledge or consent. Not that I know a thing about Swedish law, of course, but that sounds like exactly the kind of thing that could result in class action lawsuits and the like, so if I was an ISP, I'd definitely err on the safe side here and only hand over customer data to the police, not private companies, and only when ordered to do so by a court of law.

    --
    quidquid latine dictum sit altum videtur.
    1. Re:Seems about right by technos · · Score: 4, Insightful

      Should you not be able to get the ISP to shut them down and tell you who they are so you can sue?

      No. You should have the ability to get a court order to shut them down based on facts.

      No private citizen, company, or trade-association deserves police powers, or the power to subpoena at will, or the power of injunction. Ever.

      --
      .sig: Now legally binding!
    2. Re:Seems about right by cpt+kangarooski · · Score: 4, Insightful

      I disagree. I think that copyright infringement should be decriminalized and that law enforcement should not enforce copyrights sua sponte.

      Instead, if it's entirely a civil matter, then businesses will have to decide for themselves whether they want to enforce their rights, and will have to bear their own costs when doing so. My taxes won't subsidize them then. This also frees up law enforcement resources for serious matters.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  4. Re:Go sweden go! by CRiMSON · · Score: 5, Insightful

    That's a stupid statement.

    Music, information, entertainment should be free! ... If the owner of said item wants it to be.

    Musicians don't make music to just give it away (some do) but they also need to eat. I have no problems handing over some cash for a CD I like.

    What I don't like doing is handing over 25.99 for a cd, and having 23.99 go to a label, .50 to a another schmuck, and then .50 to the musician.

    That's what I don't like.

    But running around saying it all should be free is ridiculous. Remember, making that cd you listen to, or that mp3 you just downloaded, took time, took money and is someones lively hood.

    It's like stating all car repairs should be free!

    --
    oogly boogly!
  5. Perhaps it's time for a compromise. by 91degrees · · Score: 5, Interesting

    How about these concepts as a starting point; These are simply ideas that in my opinion are not too controversial.

    We want to ensure its's possible to make a profit from creative works.
    People will copy data.
    Sharing between friends is not going to bring down the music/movie/software industry.
    Online file sharing should probably be discouraged, or at least not strongly encouraged.
    Awarding disproportionately huge damages against file sharers is not a just solution.
    A distinction should be made between small scale copying for free, and large scale copying for financial gain.

    When we have the government siding strongly with the media cartels, and disproportionate penalties for file sharers, as well as the invasion of privacy by a private organisation means that people loserespect for the law. This is generally speaking a bad thing. m'kay.

    Most people agree that copyright is largely a good thing. Most people also have no qualms about using pirated software. I'm sure we can find a compromise.

    1. Re:Perhaps it's time for a compromise. by Have+Blue · · Score: 4, Insightful

      A distinction should be made between small scale copying for free, and large scale copying for financial gain.

      That was how the original "fair use" precedent was set, and described in the AHRA. Small scale copying between friends was covered under fair use, large scale copying for selling unlicensed copies was illegal. The problem is that the Internet introduces a third type- large scale copying not for profit. Both sides of the debate are now trying to treat this new category in terms of the existing two- sharers by arguing that it's not fundamentally different from making a copy for a single friend, and publishers by arguing that its effect is not fundamentally different from selling bootleg movies on a streetcorner. But both of these positions are wrong. It's something entirely new.

  6. Slightly OT: pirating in general by Skadet · · Score: 5, Informative

    I work for a webhosting firm and almost monthly we get calls from old dudes with fishing websites asking why they used 500 Gigs of transfer and got an insane bill last month. Invariably it's because their ftp password was "cat" or some nonsense and somebody dumped a copy of dreamweaver, or a ton of MP3s, etc. on their account and linked it to a pirate site. But the first time I saw this happen, it made me think: piracy in general can have more economic impact that you realize at first.

    For example, when the above happens, we usually do a one-time refund of the bandwidth charge, which is often considerable, and I'm sure we're not the exception. That means we eat the bandwidth bill for that person. Now, consider that all webhosts are likely to do the same and I wonder what the economic impact is across the board?

    Interesting how there are facets you don't even realize exist.

    1. Re:Slightly OT: pirating in general by Sleepy · · Score: 5, Insightful

      >But the first time I saw this happen, it made me think: piracy in general can have more economic impact that you realize at first.

      Let me get this straight:
      If your customers are being routinely hacked
      You know why this happens ...

      The link to piracy here is circumstancial. Your bandwidth could be misused in some other way just as easily... a Paris Hilton video, a very popular Linux ISO, or "anything" really.

      Of course the customer is always 'right' and you let them use '1234' as a password, and the cycle repeats.
      Banks do NOT let their customers use '1234' or '9999' as a PIN!

      The person holding you to this policy IS THE PROBLEM. They do not care about the loss of revenue or the distress to the customer, so long as their job is made easier.

      There are little rules you can enforce on passwords: 8 characters at least, include at least 1 number, etc. Make it easy to resend the password automatically if they forget it, so you're not getting support calls on that either.

      You do NOT need to make them use difficult random passwords to eliminate most of the problem.

      'cat'.. LOL...

  7. PB by loconet · · Score: 4, Interesting

    PB, based in Sweden, has some fun to read legal threats from Microsoft, Dreamworks, EA, White Stripes, etc. along with PB's responses.

    --
    [alk]
  8. Re:The plastic age will melt by thunderbee · · Score: 4, Insightful

    The music industry would like you to pay every time you listen to your CD.
    Having you buy another one if you break it is still waaaay off this objective, but rest assured that they will do everything in their power to get there.
    Same with the movie industry of course.

    So, enjoy your free re-listening while it lasts.

    --
    In my opinion, Scientology is a cult you should avoid.
  9. Should be normal by houghi · · Score: 4, Interesting

    In Europe a lot of countries have stricter privacy laws then elswhere. If anybody except law askes for information with my provider and they give it, I have won my case, because the evidence was not recieved in a lawfull way.

    I could even sue my provider.

    Now if they just forward the mail, I can just ignore it and wait for a lawsuit, wich brings me back to step one above.

    In Belgium, if you just fileshare and not sell, there is a pretty big chance that they will put your case at the bottom of the pile. The law in Belgium already once told them they would not go after each and every file-sharer. They will spend their time with people who try to make money with it.

    --
    Don't fight for your country, if your country does not fight for you.
  10. ISPs also doing it for the money. by mc6809e · · Score: 4, Informative

    This idea that ISPs are being noble here is silly. They're doing what they do for the money as much as anyone.

    Fact is, many people that pay for an Internet connection do so in part so they can swap music. Getting free
    music is part of the value of that connection for them.

    Now put yourself in the place of the ISP. You have customers paying you so they can have access to this free music.
    Why would you want to stop this? You don't have to pay for the music yourself, but you get a financial benefit from it.

    So I don't see anything heroic about these ISPs. Helping to make sure their customers can get free music helps
    their bottom line.