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Pirate Bay Legal Action Dropped In Norway

superapecommando writes "Copyright holders have given up legal efforts to force Norwegian ISP Telenor to block filesharing site The Pirate Bay, one of the parties to the case said. The copyright holders, led by Norway's performing rights society TONO and by the International Federation of the Phonographic Industry Norway (IFPI Norge), have lost two rounds in the Norwegian court system, and have now decided against appealing the case to Norway's supreme court."

52 of 223 comments (clear)

  1. All that means... by JustShootMe · · Score: 3, Insightful

    Is that they've figured out another way to accomplish the same ends. It ain't over.

    --
    For linux tips: http://www.linuxtipsblog.com
    1. Re:All that means... by sharkey · · Score: 5, Insightful

      And remember, when it comes to pseudo-property rights claimed by those who produce nothing of their own, the ends always justify the means.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    2. Re:All that means... by C4st13v4n14 · · Score: 5, Informative

      The reason why they keep losing in court is because of strong privacy laws in Norway. In order to sue anyone for downloading copyrighted material, it would require the ISPs to identify users by IP addresses, something which is a very big no-no here.

      We also have an automatic toll system set up in a few places (on highways entering cities, for example) to automatically scan cars' number (license) plates and send bills to the car owners. This information is deleted as soon as the bills are paid and cannot be used by law enforcement. There are also speed cameras all over that take photos of the driver and automatically blur out the passengers. If you get a ticket as the car owner and you were not driving the car, then you don't have to pay it. My wife drives my car and I driver hers, which completely eliminates these sort of fines. Some people drive with burkas and sunglasses! Motorcyclists cannot get fines as they wear helmets. It's quite an interesting system.

      Anyway, this topic has been slashdotted several times already, most recently here.

    3. Re:All that means... by Darkness404 · · Score: 5, Funny

      Don't you guys get attacked by terrorists every single day then? Because over here in the US if you don't identify everyone based on their IP address we're gonna have 9/11 -EVERY DAY-!

      --
      Taxation is legalized theft, no more, no less.
    4. Re:All that means... by BitHive · · Score: 3, Funny

      What a socialist nightmare!

    5. Re:All that means... by Kjella · · Score: 5, Interesting

      The reason why they keep losing in court is because of strong privacy laws in Norway. In order to sue anyone for downloading copyrighted material, it would require the ISPs to identify users by IP addresses, something which is a very big no-no here.

      Actually, they don't get that far. The biggest blocker for them right now is that their license to store private surveillance data from public networks has been refused by the Data Inspectorate, so they simply aren't getting started. The police is obviously not wasting their time investigating it. Right now the winds are blowing quite strongly in the direction of privacy, we may *crosses fingers* refuse EU's data storage directive, that'll be a first in 16 years.

      In Sweden they know that any real anti-piracy crackdown would bring the Pirate Party into parliament, despite all the noise when the Pirate Party entered the EU parliament last year there's been essentially no legal activity and the file sharing is already at new heights, higher than before the FRA law, It's no wonder why they make their best offers like free Spotify in Scandinavia, they're trying desperately to hold the flood gates.

      It's just like when Microsoft sees they could lose their dominance somewhere and offer a supergood deal to keep them on Windows. They know if copying for non-commercial use is legalized in one country, that country will become the center of all hubs and trackers and seedboxes and vpn services bringing the whole house of cards down. And technology keeps working against them all the time, if you have a 1 Mbit line letting someone leech from you really eats into your bandwidth but if you have 100 Mbit you barely notice. It's just borrowing away a little bit of what you're not using yourself.

      --
      Live today, because you never know what tomorrow brings
    6. Re:All that means... by shutdown+-p+now · · Score: 3, Funny

      They do, but terrorist attacks are not disclosed to protect the privacy of those involved. ~

    7. Re:All that means... by justinjstark · · Score: 2, Insightful

      The terrorists don't hate their freedoms. Only ours. Duh.

    8. Re:All that means... by Opportunist · · Score: 2, Funny

      Really? Is that verified?

      Sam, grab your rocket launcher, the C4 and the detcord, we're heading for Sony HQ!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    9. Re:All that means... by Opportunist · · Score: 5, Insightful

      Honestly, bring it on.

      Gimme liberty or gimme death got out of fashion, I know. Well, I'm old fashioned.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    10. Re:All that means... by eeCyaJ · · Score: 2, Funny

      It would be like 9/11... times one thousand!

    11. Re:All that means... by Kjella · · Score: 3, Informative

      This is one of those times where I really like wikipedia:
      Supranational European Bodies

      Norway is the red, white and blue flag that is part of EEA, EFTA and the Schengen area. It's our participation in the EEA which means that we must implement EU directives, to be part of the "inner market" there must be equal market conditions in all countries - a clause interpreted at least as wide as "interstate commerce" in the US constitution. Technically we have a reservation right, but we've never used it. As you can see, there's only two countries left in our bubble, and the other is Iceland that is tiny to begin with, has mostly financially collapsed and is now applying for EU membership. The initial agreement (1994) was good but since the renegotiation in 2004 we gain nothing by standing on the outside. The EU decides, and Norway follows willingly or unwillingly and there's no economic incentive either, we pay the same as if we were EU members.

      --
      Live today, because you never know what tomorrow brings
  2. Meh... by bragr · · Score: 5, Insightful

    I'm still going to be a rebel and buy my games, books, and music anyway. Its what all the cool kids are doing now.

    1. Re:Meh... by jez9999 · · Score: 5, Interesting

      I pay a monthly Sky subscription of ~£15/month. I just signed up to sky.com's Sky Player and supplied account info so they knew it was really me, who pays my subscription. They recognized the packages I subscribe to. I wanted to catch up with a House, MD episode. They wanted to charge me £1.50 to 'rent' it (ie. play it once in their player). I just torrented it.

      As long as media corporations are so unreasonable, I reserve the right to say, fuck them. Copyright law should be reformed to allow people to pay what is reasonable, then pirate on a noncommercial basis. It's the lesser of the evils, vs. corps charging what the market will bear.

    2. Re:Meh... by jx100 · · Score: 2, Insightful

      How is he exactly doing any of that?

      The increase in price is something Microsoft sets.
      The reduction in profits is just an ephemeral reduction that would've happened in the exact same amount had he gone with linux.
      Bad publicity I could sort of buy, but that could easily be attributed to the copyright holders (who have loads of money to make it look bad) as opposed to the masses of poor copyright infringers.
      Software developers all have the choice to implement DRM or not, and even those who have software copied may not necessarily choose to implement DRM.

    3. Re:Meh... by BitHive · · Score: 2, Funny

      Why should I pay for your health care? I don't have kids.
      Why should I pay for your education? I have Wikipedia.
      Why should I pay for your OS? I have Linux.

      In short, the people arguing that everyone should buy intellectual property are the worst kind of socialists in wolves clothing.

    4. Re:Meh... by NeutronCowboy · · Score: 2, Insightful

      You're assuming that pirates would have paid for the content if it had not been available via filesharing. That's an unsupported assumption. Not only that, it flies in the face of Econ 101: a product that is free has higher demand than a non-free one.

      --
      Those who can, do. Those who can't, sue.
    5. Re:Meh... by Runaway1956 · · Score: 3, Insightful

      "Pirating windows, contrary to what the parent of my post claimed, does not help microsoft."

      You've forgotten that Bill Gates used to gloat over piracy in places like India. He likes to have his software pirated, for precisely the same reasons he offers huge discounts to schools. Like a drug pusher, he wants to see them hooked early.

      "It's easier for our software to compete with Linux when there's piracy than when there's not."

      -Bill Gates

      In an interview with Walt Mossberg and Kara Swisher of Wall Street Journal, Bill Gates admitted to watching pirated movies on the Internet. Here are some excerpts from the interview posted on AOL News:

      MR. MOSSBERG: Talk about YouTube. What do you think about that? Why aren't you doing something like that?

      MR. GATES: If we did YouTube, we'd be in a lot of trouble. First of all, people would say, "How do you make money?" Second, they'd say, what about all that copyright violation taking place up there. It's a neat site. I saw a bunch of old Harlem Globetrotters movies up there the other night, it's great.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    6. Re:Meh... by madsenj37 · · Score: 2, Insightful

      In the case you present, the profit models need to change. Free music can lead to better more people buying merchandise and going to shows for example. Or pioneering technology like 3D that is too expensive and/or not available and gives an experience that pirating cannot. Ways of profiting are there, they have just changed.

      --
      Choosing the lesser of two evils is a choice for evil.
    7. Re:Meh... by justinjstark · · Score: 3, Interesting

      Pirating is not free. Everybody takes a risk by pirating of being sued or wasting our time downloading malware, something of bad quality, or bogus files.

      But, even still, it is always much easier to pirate a movie (for instance) than it is to purchase it. I think most of us who pirate don't just do so because it is free, but also because the non-pirated versions are often DRM-laden, low-quality, and expensive and we are forced to jump through hoops just to get the content we desire.

      For instance, let's say I want to buy the movie "Rounders." What are my options?

      1) Go to the store and buy it for nearly $15 after tax. I would have to drive half way across town and waste a bunch of time. Not to mention $15 is a little steep for an older movie.

      2) Use an online service like Amazon Video on Demand. What? Rounders isn't available? Darn. Even if it were, I would have to pay $3-4 to watch it once or about $10 to "own" it. But owning it only means I can watch it on amazon.com or download it and watch it through their player. What? Their player isn't available on linux? Darn? And I can't play the videos on my netbook (the only computer I own) because a flash-embedded high-quality video plays at about 3 frames per second.

      3) I can go to thepiratebay.org and download Rounders. It takes a half hour to an hour to download a decent quality movie. It uses a standard codec so this high-resolution movie plays wonderfully on my netbook. There is no DRM or flash player to worry about. I have this movie for as long as I want it and can watch it whenever (and on whatever) I want even if I don't have an internet connection.

      If a movie studio started selling XVID (or some other decent codec) movies on their website similar to those found on thepiratebay for a reasonable price ($5) without DRM or any of that other garbage, you can bet your youngest child that I would spend the money rather than pirating it. This new distribution channel (the internet) is changing the way we want to get content and also making distribution cheaper. But the movie studios and distributors are trying to fight this change after it has already happened. Pirating is newly part of the free market system just as was copying your friend's MC Hammer cassette tape. You can make all the arguments you want about pirates pirating because it is free; but, until the distributors make their content available in a decent format at a decent price and allow their consumers the freedom to use this content as desired, your claim doesn't hold as much water.

    8. Re:Meh... by daveime · · Score: 2, Interesting

      In the UK at least, for the BBC you have *already* paid for it via the Licence Fee. For the other channels, you have *already* paid for it indirectly via advertising, which increases the prices of the goods you buy.

      Anything else (i.e. claiming piracy hurts DVD box-set sales) is just double dipping / greed by the TV companies.

    9. Re:Meh... by Xeno+man · · Score: 2, Insightful

      That's right. It's just like when prohibition was introduced and how wrong it was for people to go out and drink at a speakeasy. Those criminals justified their actions on some moral ground but with massive government enforcement they soon found out how wrong they were. Now thanks to prohibition we live in a much safer alcohol free world.

    10. Re:Meh... by mpe · · Score: 2, Interesting

      In the UK at least, for the BBC you have *already* paid for it via the Licence Fee.

      Note that in the UK a drama series will generally be at least nearly complete before a single episode is shown. The kind of "mid season cancellation" which occurs in North American Productions due to poor ratings of the first few episodes thus can't happen.

  3. Re:Aren't they still facing jail time? by Zironic · · Score: 3, Informative

    This is a completely different legal action in an entirely different country. This case was about forcing an ISP to block access to the site.

  4. Buying politicians is cheaper by schwit1 · · Score: 3, Insightful

    The path of least resistance to the ends they want is via campaign contributions and scare-tactic(child pron, terrorism, etc) lobbying.

    1. Re:Buying politicians is cheaper by linzeal · · Score: 4, Insightful

      That is not as easy in western Europe as it is the states, but it still happens. People over there are mildly clued into what is going on in their country even if some still do vote out of irrational fears it is nowhere near as prevalent as it is the states. So they expect their politicians to at least appear to do " the right thing ".

    2. Re:Buying politicians is cheaper by js_sebastian · · Score: 2, Insightful

      Citation needed.

      I expect the correlation between campaign contributions and policy decisions is as strong in Europe as it is in the United States.

      Actually, in many european countries there is no such things as campaign contributions from private corporations. They are called bribes. (example: france, italy). I'm not saying this automagically solves the problem, just pointing out that what the anglo-saxon world calls lobbying is illegal in many other large democracies.

  5. How many years? by fragmentate · · Score: 2, Insightful

    I'm actually curious how log this has been going on. It seems like the corporations, and legal bodies could find more creative ways to spend the money. I would think paying more money to lawyers would be an obvious negative by now.

    The comedians of this world have already written hundreds of jokes about lawyers and their self-serving nature. Maybe these litigious companies will realize, one day, there's a reason why.

    1. Re:How many years? by bragr · · Score: 2, Interesting

      The original police raid on the Piratebay, which resulted in the four of them being brought up on charges was on May 31, 2006. I believe it then took them about a year to process the 160+ servers, depositions, and other evidence into a 4000 page report. That report was then process down into 60 or so charges.

    2. Re:How many years? by frank_adrian314159 · · Score: 4, Insightful

      Maybe these litigious companies will realize, one day, there's a reason why.

      Why? The public in general hates the lawyers, not the people who hire them. In fact, the lawyers are acting as a defensive shield for the public scorn that should be heaped on the organizations that hire them to carry out their legal asshattery. As long as people hate the lawyers without questioning who stands behind them, the organizations that hire them will continue to get off scot free.

      --
      That is all.
  6. Re:Stop stealing you fucking faggots by Anonymous Coward · · Score: 3, Insightful

    Stop price fixing and trying to thwart actual fair-use and maybe I would. As I see it, I'm just recovering my lost monies from the days of price fixing before digital media, and from all the albums I lost due to CD rot because I wasn't allowed to make a fair use back up. So until you can play nice, don't expect me to....

  7. Re:It's about time! by Jazz-Masta · · Score: 5, Funny

    Why sue when you know you're gonna LOSE?

    Ask SCO.

  8. Re:Stop stealing you fucking faggots by Anonymous Coward · · Score: 2, Funny

    Times are tough. Yet, I can afford the finest and firmest shits to eat and the hunkiest, studliest faggots to buttsex with using the money I saved pirating...no, stealing your worthless garbage.

    Fuck you, content providers. Your number's up. I have all the good content there is to have. My gigabytes and gigabytes of media that I stole from you is good enough to tide me over for the rest of my life. You could cut of my internet connection tomorrow and you'll still never see a fucking dime from me. You already lost. Fuck you.

  9. Re:IFPI Norge by Idiomatick · · Score: 2, Funny

    They must be REALLY old, those are some big ass records.

  10. ACTA perhaps? by Dan667 · · Score: 3, Interesting

    Maybe they do not want to lose in the Norwegian Supreme Count that would allow invalidation of ACTA if it is ever implemented in its current terrible form. Governments should not be involved in a the failure of a business model. Organizations like the RIAA need to stop treating their Customers like Criminals.

    1. Re:ACTA perhaps? by betterunixthanunix · · Score: 2, Informative

      From what I hear, the likelihood of Norway agreeing to ACTA is fairly low -- they still value the rights of their citizens more than the interests of foreign companies. Or so I am told.

      --
      Palm trees and 8
  11. Pirate Bay appeals likely to start in September by angry+tapir · · Score: 3, Informative

    In other Pirate Bay-related news: "The case against the four people involved in the running of Pirate Bay is heading back to court at the end of September. The appeals trial is tentatively scheduled to start on Sep 28., the Svea Court of Appeals said on Wednesday."

    1. Re:Pirate Bay appeals likely to start in September by Mubbers · · Score: 2, Insightful

      Which just happens to be 9 days after Sweden's next election. They've learned from the EU election - can't risk giving the Pirate Party all that attention before the national election are held.

  12. Re:It's about time! by fusiongyro · · Score: 2, Insightful

    A reason that comes to mind is precedent. Assuming Norway's supreme court works like America's, if they appeal and lose they won't be able to sue anyone for anything that looks like this again.

    By not appealing, they're giving themselves the opportunity to come back and sue all the way to the top with a case they think is more favorable to the outcome they want.

  13. Re:Aren't they still facing jail time? by jonbryce · · Score: 2, Informative

    That's in Sweden which is the country next door to Norway.

  14. Re: Norway Is A Sane Nation! by gertin · · Score: 2, Informative

    We also created this, so be careful with what you wish for.

  15. RIAA should go to hell by AmonTheMetalhead · · Score: 2, Insightful

    It's not like people won't pay for access & ease of use, i pay 3€'s a month to use last.fm for instance (and i use it quite extensively, about 40 to 45 hours a week), and i buy Cd's & dvd's, but I'm not going to pay €'s to get the privilege to watch a drm laden movie or series once, or pay to download songs just to be able to tell if the CD is worth shit

  16. Re:It's about time! by ImprovOmega · · Score: 2, Funny

    Why sue when you know you're gonna LOSE?

    Ask SCO.

    So you're saying that Microsoft is secretly funding them?

  17. Re:Stop stealing you fucking faggots by kimvette · · Score: 2, Insightful

    "My gigabytes and gigabytes of media that I stole from you is good enough to tide me over for the rest of my life. "

    You've stolen from them? As in film reels, tapes, and hard disks? If so, you deserve to do jailtime.

    If by "stole" you mean "downloaded" then you have stolen nothing. You have infringed on copyrights, which may or may not be legal in your locale. You might have deprived a lackey at one of those production houses (record label, movie producer, TV producer, etc.) a job or a raise, but come on. You've stolen nothing.

    If you're so intent on getting stuff for free, why not turn to Pandora, crackle, hulu, and the like? There is a lot of free content up there. By doing what you're doing, and bragging about it with that attitude you have, you are only giving the MPAA and RIAA ammo to say "See? See? This kind of asshattery is why P2P should be illegal."

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  18. Re:I'm a troll--so sue me. by Djupblue · · Score: 3, Insightful

    Copyright is not property right. Is it so hard to understand the difference between stealing and sharing? The point of copyright is to ensure the publics access to new and old books and music. It is not for making media companies rich. Learn your history.

  19. Re:Funny enough... by Narpak · · Score: 2, Informative

    Sweden and Norway have actually been united as one country [wikipedia.org] at various times in the past.

    A personal union with the same monarch and foreign office. Separate administrations and constitutions. NOT one country.

  20. Re: Norway Is A Sane Nation! by mjwx · · Score: 3, Funny

    What do you expect, Norway is run by the Norse. The Norse used to be called the Vikings. The Vikings were basically land pirates, coming ashore to pillage, plunder and raze as opposed to capturing ships and booty on the high seas.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  21. Re:I'm a troll--so sue me. by Fantastic+Lad · · Score: 2, Insightful

    it's really simple and I don't get why you can't grasp this concept.

    The reason you don't get it is that you are trying to reduce a very complex question into a black/white analysis with an easy on/off answer.

    This is evidence of lazy thinking or perhaps a fear of dealing with complexity, ie, the real world. This leads to control issues; trying to shove the infinite into something safe and easily managed so that the person doing so doesn't feel threatened by it. It is no wonder that people who think this way are so hell bent on controlling information.

    Heaven forbid anything unexpected happen, or that the answer not be reducible to an easily memorized, sound-bite form! People who puff up and strut around with all the answers are generally the most insecure people in the world with a ton of shielding in place to prevent their fragile egos from getting pulverized by the onslaught of reality.

    The courageous surf the waves. Cowards denounce the ocean.

    -FL

  22. Re:I'm a troll--so sue me. by Djupblue · · Score: 3, Insightful

    Copyright was created to enforce censorship. it was created to stop people from criticizing the state and the church. Copyright was a monopoly granted to printers in exchange for only printing what the government approved of. It was much later reformed to consider the rights of authors and such. Since then it has degenerated into this so called "intellectual property" that implies that you can own ideas. It is stupid.

    Yes, it is in the interest of the public that writers and musicians can make money of their trade so they can provide the public with new works. It is not in the publics interest to give an artificial monopoly on copying works for over 100 years without getting anything in return. It is not in the publics interest to be extorted into paying thousands of dollars for sharing music with each other. When you consider the economic profit of doing something you consider if it will be profitable within 10 years. Maximum. The current situation is ridiculous.

    If you sell something to someone, normal property right tells that the buyer now owns said property. He can do with it as he pleases. Including making copies of it and distribute. Copyright is an artificial infringement of the buyers ownership that prevents him from distributing copies of it.

  23. Re:Support for piracy is sophomoric by Djupblue · · Score: 2, Informative

    Assuming of course that piracy equals a loss. Which is not proven.
    Getting your software pirated means more people know about and use your product.

    According to Bill Gates: "Although about 3 million computers get sold every year in China, people don't pay for the software. Someday they will, though," Gates told an audience at the University of Washington. "And as long as they're going to steal it, we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade."

    Source: http://articles.latimes.com/2006/apr/09/business/fi-micropiracy9

  24. Re:I'm a troll--so sue me. by jellyfrog · · Score: 3, Insightful

    If it costs more than you want to pay then you don't get to have it. Simple. If you wouldn't have bought it anyway then you still don't get to have it.

    And why would that be? Can you justify this rule?

    This may be news to you, but laws and rules generally have to have a reason to exist. The law against stealing bread exists for a reason - because stealing harms the person you steal from - it doesn't exist for its own sake. How does downloading something one would never have otherwise paid for harm anyone? It doesn't. Ergo, there is no moral reason for this to be forbidden by law, and no moral reason not to do it.

  25. Re:I'm a troll--so sue me. by jecblackpepper · · Score: 2, Interesting

    It is not quite that black and white.

    For example, you decide that buying/renting that blockbuster for $x is more than you are willing to pay for it. Instead you download it and watch it, using up some of your leisure time. If you didn't download it you might well have spent your time on some other leisure activity that costs $y, which is less than $x. Since you have been able to satisfy your need for leisure for nothing you have not spent that $y in the economy.

    It's probable that spending $y dollars on something else, for example an independent movie, helps that sector of the leisure industry to survive and prevents a monoculture of only blockbusters from the MPAA; it also has the side benefit of increasing competition against the MPAA and potentially means that they decide to charge less than $x in the future - benefiting everyone.

    It's why Bill Gates is happy for people to pirate Windows, since it adversely affects their competition while Microsoft still have enough profit to live comfortably.