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First Swede Convicted For File-Sharing Now Cleared

Caine writes, "A 29-year old Swede, who was the first to be convicted under last year's new file-sharing laws, has been cleared on appeal. The court of appeal did not consider the screen dumps provided by the Antipiracy Bureau enough evidence to be able to convict the man. Since the crime does not carry a high enough punishment under Swedish law to allow for a search of the defendant's house, this means it will be virtually impossible to prove file-sharing crimes in the future."

45 of 278 comments (clear)

  1. Heh by B3ryllium · · Score: 5, Interesting

    Technicalities like that always amuse me, especially when they work out in favour of "the little guy". We have a few laws like that here in Canada, and I hope they don't change.

    1. Re:Heh by Headcase88 · · Score: 3, Insightful

      It's nice when a technicality works for the little guy, but a technicality is still a technicality and ideally, none should exist. The law should be fair and make sense. Not that that ever did or ever will happen.

      --
      "When the atomic bomb goes off there's devastation...but when the atomic bong goes off there's celebraaaaation!"
    2. Re:Heh by 99BottlesOfBeerInMyF · · Score: 4, Insightful

      Technicalities like that always amuse me, especially when they work out in favour of "the little guy". We have a few laws like that here in Canada, and I hope they don't change.

      I don't consider this to be a technicality. I consider this to be the law working exactly as designed. Swedes consider privacy important, thus the police violating your privacy (seriously infringing your rights) in an attempt to find evidence of a much less serious matter is pretty idiotic. It would be like the police being allowed to shoot people they see speeding. It makes a lot of sense to me.

    3. Re:Heh by 99BottlesOfBeerInMyF · · Score: 4, Insightful

      It's true, but your argument puts it as exactly that - a technicality, where one law is rendered virtually unenforcable by another. In this case, privacy wins, and it would make sense for Sweden to simply remove the law from the books, since it's unenforcable clutter at this point in time.

      I disagree. The law makes copyright infringement illegal, but not a serious crime. People may still be convicted of it, it is just that the evidence needs to come from something other than an invasion of privacy. People can still be convicted of this, just not en masse by some sort of automated system like the music distribution representatives would like. For yet another analogy, it may be illegal to smoke pot, but the cops can't invade your home to check without evidence. This does not mean the law can't be enforced, it just means they have to bust you in public places or when they break in with a different warrant.

    4. Re:Heh by Caine · · Score: 4, Insightful

      Ehum, the police never searched his house, and neither the summary or the article itself says that as far as I can see. What it does say is that the police is not allowed to search someone's house for proof of file-sharing crimes, which means, together with the fact that screen dumps and logs are insufficient, that it's very hard to get someone convicted for filesharing.

    5. Re:Heh by SQLz · · Score: 2, Insightful

      I wouldn't call it a technicality. Lets hope that noone ever considers a screen shot actual evidence in a court of law. The lawyers must be Counter-Strike players, "Look your honor, he was teh h4xor!"

    6. Re:Heh by PriceIke · · Score: 3, Interesting

      > When the people are cheering because the state can't use the mechanics of society to
      > effectively enforce the law, that means there's something very fundimentally wrong.

      Unless there's something fundamentally wrong with the law. Then it's a reason to cheer.

      --
      It's not a lie. It's the truth with lossy compression.
    7. Re:Heh by PriceIke · · Score: 2

      > f the law is fundamentally wrong, then the law should be thrown out on its own merits, or lack thereof.

      And it would be so nice if that actually happened.

      --
      It's not a lie. It's the truth with lossy compression.
    8. Re:Heh by Jugalator · · Score: 4, Funny

      Avoiding sending police in... Coming up next from the Antipiracy Bureau:

      Hot spy babes trying to become girlfriends to Pirate Bay geeks and get into their rooms!

      Silicon boobs funded by the RIAA! :-o

      --
      Beware: In C++, your friends can see your privates!
    9. Re:Heh by a_n_d_e_r_s · · Score: 3, Interesting

      The law as it was written - before the new version - was that downloading a song from the Internet was not a crime. It was also allowed to share it with family and friends. Thus P2P of others material was basically lawful before the law was changed and a large number of people was used to this activity being legal now found themselves being criminals. In fact there exist parties in parlament (yes not only the Pirate Party wants this) that want the old law back as it was before this was was changed.

      So there are many in Sweden who think the law needs to be changed. Many feel that the copyright law was heavily changed in favour of the music industry and not taking into account peoples former rights regarding copyrighted materials.

      --
      Just saying it like it are.
    10. Re:Heh by rucs_hack · · Score: 3, Funny

      my god. I must rush there and talk loudly about my impressivelly huge file collection in public places full of hotties immediatelly!

  2. Re:Not exactly 'scot free' by Scarblac · · Score: 3, Interesting

    If you Google for "best countries to live in" and click a few links, it seems that Sweden comes #5 once, #6 once, and #2 on a few other lists (that may have the same source).

    --
    I believe posters are recognized by their sig. So I made one.
  3. I'm off to Sweden by Chris_Jefferson · · Score: 4, Funny

    I went to Upsalla (sp?) in Sweden on holiday a few years ago. The people were nice, the food was great, everywhere was clean and the women were attractive. Now I can also do all the filesharing I want to? I'm moving.

    --
    Combination - fun iPhone puzzling
    1. Re:I'm off to Sweden by Anonymous Coward · · Score: 3, Funny

      You might want to check up on the tax rates before moving...

    2. Re:I'm off to Sweden by a_nonamiss · · Score: 4, Funny

      Unfortunately, I don't think it's that easy to move to Sweden, especially if you don't speak Swedish. I guess I'll have to pull out all those old Muppet Show tapes and start learning...

      Ungersh veer hurne, a-gede hu genish gadoo. Yay bursht der horne bersh ter mmmm BORK BORK BORK!

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
    3. Re:I'm off to Sweden by MrZilla · · Score: 3, Informative

      I don't think not knowing Swedish will be a major problem for anyone wanting to move here. Might be a little inconvenient, but almost the entire population speaks passable English, so as long as you don't mind weird grammar and funny accents, you should be ok.

      --
      mov ax, 4c00h
      int 21h
    4. Re:I'm off to Sweden by Anonymous Coward · · Score: 2, Informative

      As an American living in Sweden I can say... IT IS THAT EASY :). Been here a year and have picked up some Swedelish, but it is hardly required learning.

      Hej Då, Y'all.

    5. Re:I'm off to Sweden by Troed · · Score: 2, Insightful

      Parent is either extremely uninformed or a troll ... ;)

      Welcome to Sweden - we usually speak better English than the average american. At least we can separate they're, their and there both in pronounciation, use and spelling!

      *g*

    6. Re:I'm off to Sweden by pimpimpim · · Score: 2, Funny

      sweden will be for filesharing what holland is for pot.

      --
      molmod.com - computing tips from a molecular modeling
    7. Re:I'm off to Sweden by TheRealSync · · Score: 2, Informative
      There is more to life than money. Even if the government confiscates a large portion of your income, you're still guaranteed to live a very comfortable, productive, and enjoyable lifestyle.
      I don't disagree, I just wouldn't call it confiscation - the money goes back to the community, and ensures everyone has equal access to health care, education, and so on and so forth.
      I happen to like that (living in Denmark, which has a social structure that pretty much resembles the swedish, coming from a low-income family, but still being able to choose the education I wanted, without ever worrying whether my family would be able to aford it).
      --
      -- A good compromise leaves everyone mad. --Calvin and Hobbes
    8. Re:I'm off to Sweden by sharkey · · Score: 2, Funny

      Unfortunately, I don't think it's that easy to move to Sweden, especially if you don't speak Swedish.

      I'd figure the hard part would be convincing your parents to buy a house with a basement in Sweden, but what do I know?

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    9. Re:I'm off to Sweden by TheJollyBob · · Score: 2, Informative

      Why not take a look at www.sweden.se ? Especially at 'About Sweden'->'Fact Sheets'->'Working and Living'. ... and by the way: welcome ... :-)

  4. Screen dumps inadmissable? by Rob+T+Firefly · · Score: 4, Funny

    You mean, despite all that time I spent in MS Paint doctoring screenshots of eMule so the title bar reads "Roy's Internets" and changing the files-in-progress to read "Roy's stealing stoled Metallica musics" and "Star Wars that Roy didn't pay moneys for," my work is now pointless? Damn, I'll never get those three minutes back, and will just have to find some other way to get Roy thrown in jail.

    1. Re:Screen dumps inadmissable? by grazzy · · Score: 4, Interesting

      It would be funny, it's just that the morons at the swedish "anti piracy bureu" tried just this. They even FAXED the screenshosts - because we ALL know that faxed documents are digital and thus exact copies of everything sacred and holy.

      Courts do not have the technical expertise to understand how pathetic and stupid it is to use a screenshot of a common program running as a evidence in a trial that changes the outcome of millions of people. I can accept you get a fine for it, but this was a legal matter which carried a conviction. Not anywhere near where you want evidence like that.

      Best part is, they "trusted" the evidence since it came from such a renomed organization, namely the people paid of by the entertainment industry to throw their own customers in jail. Not exactly a outfit I'd enjoy taking care of my savings..

    2. Re:Screen dumps inadmissable? by andol221 · · Score: 3, Interesting

      Try this link to generate your own "evidence" http://www.piratbyran.org/bevismaskinen/

  5. Re:Not exactly 'scot free' by malsdavis · · Score: 3, Interesting

    Sweden also have amongst the highest HDI (Human Development Index) in the world. HDI is basically the U.N.'s measure of wuality of life based on Health, Education, lack of Crime, lack of poverty etc. Sweden and it's North European neighbours are always jostling for the top spot.

    http://en.wikipedia.org/wiki/List_of_countries_by_ Human_Development_Index (UN HDI Rankings)

  6. Re:FUCK! by Jedi+Alec · · Score: 5, Funny

    Bring it on....we'll smother the troops in 6 foot tall blondes.

    --

    People replying to my sig annoy me. That's why I change it all the time.
  7. Wait a second... by ZachPruckowski · · Score: 5, Funny

    You need evidence to convict someone of filesharing? I thought the big companies just pick a name out of the phone book, and then you're guilty even if you are dead, don't own a computer, can't spell "Limewire" and used to live atop Pike's Peak.

  8. Re:Not exactly 'scot free' by DynamicPhil · · Score: 5, Interesting
    Myth: Busted:

    There is a common belief, especially in the US, that Sweden has a higher rate of suicide than other countries; this is actually a myth, as Sweden has an average suicide rate. The myth was probably started because the secular government of Sweden started to measure suicide statistics openly before other countries did. President Eisenhower saw this as a chance to promote his political ideology, and maintained that the statistics showed Sweden was the country of "free love, high taxes and suicide" (none of this was particularly true at the time). Also, the dark, relatively cold climate of Sweden in the winter has added fuel to this myth. (see "Suicide and Season" below).

    Reference: http://en.wikipedia.org/wiki/Suicide_rates

    --
    "If it can be thought up, there exists at least one person trying to make it happen for real" - Phil
  9. The ads on TFA say it all by ronanbear · · Score: 4, Funny
    Cheap flights to Sweden

    Learn Swedish for free

    --
    the more they over-think the plumbing the easier it is to stop up the pipe
    1. Re:The ads on TFA say it all by Apocalypse111 · · Score: 4, Interesting

      Actually, most Swedes speak english as well or better than Americans, or so I have been given to believe. Looking more and more inviting by the second.

      --
      There is no mod option "-1: Disagree" for a reason. "Overrated" is not an acceptable substitute. Post something instead.
    2. Re:The ads on TFA say it all by eddy · · Score: 2, Informative

      I wouldn't say that. Speaking for myself, my spoken English is absolutely atrocious (never have much of a reason to practice it), but I do believe Scandinavians are good at understanding both written and spoken English, so if you're touristing here making yourself understood isn't much of a problem. There is an age barrier here; some eldery never learned English -- my grandmother for instance hardly knows a word.

      There's always the Mastering Swedish if you want to pick some of it up :-)

      Also, some say alcohol helps. This is probably why the Finns are beter at English?

      --
      Belief is the currency of delusion.
  10. Tell me about the piracy situation in Stockholm.. by Hal_Porter · · Score: 2, Funny

    Jules Tell me about the piracy situation in Stockholm. It's legal there ain't it?
    Vincent: Well it's legal but it ain't 100% legal. But that don't matter because if they log your IP address connected to a tracker it's illegal for them to search your aprtment. In Stockholm that's a right the cops don't have.
    Jules: That's all there is to it. I'm fuckin' goin'.
    Vincent:I know, baby. You'd dig it the most.

    "I thought we had what we needed without conducting a search. It is not permitted to carry out a search for this type of crime", she adds.

    A raid on the defendant's home would have meant a thorough examination of the contents of his computer.

    This ruling will make it difficult for the film industry and other interest groups to pursue the issue in the courts.


    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  11. How it sharing ever became illegal by pembo13 · · Score: 3, Insightful

    is still a point of dismay to me. The least those involved could do was not call it sharing. I do not know much about economics, but I do not see how it benifits a society to not freely share and celebrate music and other forms of art.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  12. Psychological benefit by Mateo_LeFou · · Score: 3, Insightful

    "I do not see how it benifits a society to not freely share and celebrate music and other forms of art." I believe that people -- Americans in particular -- get very wigged-out when it is suggested that anything whatsoever might not be private property.

    --
    My turnips listen for the soft cry of your love
    1. Re:Psychological benefit by Znork · · Score: 3, Insightful

      "might not be private property."

      Hence the IP lobbyists adoption of the misnomer intellectual 'property' rather than intellectual monopoly, despite the actual nature of the subject.

  13. Re:Cleared by gomiam · · Score: 2, Informative

    Actually, the non-profit part of it is quite important in several European countries. (Spanish example) Instead of the "fair-use" clause used in the USA, there's a right to private copy that allows people to duplicate intellectual works subject to author rights (that means copyright and a few more things) unless it damages the author _and_ is done for profit. As long as it is done with no money gain intended, it is (last time I read) legal to do so.

  14. Re:Yay by Cruise_WD · · Score: 5, Interesting

    This is a bit like "this only affects criminals/terrorists/paedophiles."

    The usual rejoinder for which is, who defines criminality or terrorist behaviour? What stops that from becoming broader?
    Considering some of the behaviour currently being flagged as suspicious by over-enthusiastic law-enforcement, not much, apparently.

    Ditto copyright. DRM has already given much greater control over "copyrighted" material than copyright ever did, and the lobbying doesn't appear to be slowing down. How long before it becomes illegal to read anything without paying per word? It's nice to know there will be some countries where it won't be illegal to use your computer, or acquire information for yourself.

    --
    [ cruise / casual-tempest.net / xenogamous.com / transference.org / quantam sufficit ]
  15. Not to mention how easy screenshot fabrication is. by Seng · · Score: 2, Insightful

    And logs... I can easily doctor a log with search & replace to show different IPs. If RIAA/MPAA is just digging for out-of-court settlements, who is going to be the one to "validate" the logs/screenshots and testify they saw them in their original form? If we continue to allow corporations to file their own subpoenas without any independent verification, we're all screwed.

  16. Re:Not exactly 'scot free' by Jugalator · · Score: 2, Funny

    I tell you, it's DVD-Jon's achievements and their oil that keeps bringing the blasted Norwegians on top of us!

    / Grumpy Swede

    --
    Beware: In C++, your friends can see your privates!
  17. Re:What the fuck??? by Maxo-Texas · · Score: 2, Insightful

    It can be irritating.

    I don't know if it helps but...

    It's not there to protect the murderer.
    It's there to protect the rest of us.

    Governments gone bad are much worse than an occasional murder or drug dealer getting off.
    The founding fathers felt excessive government power was *the* ultimate threat.

    The scary thing is... we are just handing it all away to the government these days.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  18. Re:What the fuck??? by rahrens · · Score: 4, Insightful

    It makes no sense at all to you because you haven't been on the receiving end of an illegal search.

    The body of case law that requires the prosecutor's office to ignore evidence that has been illegally obtained is designed to stop illegal police searches, period. If the police constantly get cases tossed out because they are illegally searching people, at some point, police management is going to start training the cop on the beat in how to properly and legally conduct a search, and the illegal searches will at least, get less common.

    However, if your idea of being able to use the evidence anyway got a legal foothold, any idea of a search being illegal would quickly go out the door, and the police would be able, in practice, to search anyone, anywhere they wished.

    Not the way to protect privacy, in my opinion.

    As to your idea of punishing the cop that conducts the illegal search, well, that's another story. Rightly or wrongly, our justice system tends to protect the cop on the beat. Sometimes, I think it goes too far, but on balance, they ARE the ones putting their lives on the line for us, and some leeway should acrue for that sacrifice.

    As to the punishment, that DOES happen, internally, and out of public view. Do you think that a cop that constantly wastes police time and resources AND prosecutorial time and resources by constantly conducting illegal searches that get cases tossed out DOESN'T get brought up short by his boss? I'll bet they do. Police agencies all over the world are constantly short of budget, personnel, and other resources. Prosecutors' offices are much the same. They can't just let these things go, because they waste time and money. Cops that search illegally on a regular basis get pulled off the street and get re-educated and retrained. Those that keep it up will eventually get canned.

    I can understand your reasons for your rant - we all have gripes with the justice system; it's not even close to perfect. But I'd rather the system encourage the cops to obey the constitutional guarantees of freedom the Bill of Rights gives us than allow them to ignore them. Yes, criminals will get released. But most criminals aren't very smart - if the cops don't get them this time, they will the next.

    --
    "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
  19. Re:What the fuck??? by Catbeller · · Score: 2, Insightful

    These kids who bow to the government went to with dogs sniffing their crotches for drugs. They really don't get civil liberties or how their rights should be protected at all costs. They went to work for feudal corporations who monitor their every orifice. They've no experience with freedom.

    When people go on about how safe their schools are and how wonderful drug testing and E911 monitoring of their kids is, I want to scream at them, "You idiots. You are raising a generation of anti-American drones. You've scared them to death of Stranger Danger and kidnapping and dangerous city thugs and drug epidemics and Moslems, and they've become fascistic, giving in to power at every chance. You've made a generation of Good Germans. You've killed us."

    RIP America, b. July 4, 1776 d. Sept 11, 2001.

  20. You're not an ACLU member I guess... by Lactoso · · Score: 3, Informative
    Presumption of innocence is one of the main tenets of our legal system and an underlying theme throughout the US's bill of rights. Take particular notice of the 4th amendment which PROTECTS US citizens against "unreasonable searches and seizures".

    Any governing body, given insufficient oversight, will subvert its charter - usually not to the benefit of the governed. Without the checks and balances of the law, we would be subject to the very conditions which kindled the American Revolution. Are you really saying that as a Canadian, you're happy with writs of assistance and their abuses?

    Police are expected to pursue their duties with great zeal. There must be irrefutable parameters from which within they operate. Otherwise, this same zeal will lead them to unintentional abuse of the very people they are charged with protecting.

    "It is better to allow 99 guilty men go free than to convict 1 innocent man". Then again, it appears that habeas corpus may no longer apply. :-(

    Enjoy your rights now boys, 'cause they're running out quick...

  21. You haven't heard of Noone? by Ahnteis · · Score: 2, Funny

    He's some guy who goes around internet forums checking for spelling, grammar, and typing errors. Some days, he's just a minor nuisance. Other days, he's a real pain in the butt.