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Swedish Man Fined $650,000 For Sharing 1 Movie, Charged Extra For Low Quality

An anonymous reader writes "A 28-year-old man in Sweden has been fined 4.3 million SEK (~650,000 USD) for uploading one movie. 300,000 SEK of that was added because of the upload's low technical quality (Google translation of Swedish original). The court ruled that the viewer watching the pirated version of the movie had a worse experience than people watching it legally, thereby causing damage to the movie's reputation (full judgement in Swedish)."

24 of 366 comments (clear)

  1. What the hell is the point of these huge numbers? by ZorinLynx · · Score: 5, Interesting

    How does fining someone many times their net worth accomplish anything?

    Someone could fine me $5 million or $50 million dollars. It doesn't change the fact that I can't ever hope to pay it.

    Are these numbers just meant to scare people, or do they *actually try* to collect many times a person's net worth from them?

  2. ONE movie? by Anonymous Coward · · Score: 5, Informative

    From the second paragraph of TFA:

    The then 25-year-old was a moderator and uploader and between April 2008 and November 2011 allegedly obtained huge quantities of content from the warez scene and shared the titles with the site’s users.

    ONE Movie!?? C'mon Slashdot.

    1. Re:ONE movie? by AdamColley · · Score: 5, Insightful

      It /isn't/ theft.

      Theft is defined (at least here) as taking someone's property with the intention of permanently depriving them of it.

      Nobody has been deprived of anything, it's a copy, the originals still exist.

      There might be /some/ argument that it's depriving the already super rich hollywood producers of their revenue but generally that assumes anyone who pirated something would have otherwise bought it which is certainly not the case. Most piracy is by children who don't have any money and could not have bought the content anyway.

      There's also the rather thorny issue of determining which user of a particular IP address pirated the content, some people have open wifi networks, should they be responsible for the actions of others simply because they chose to be a good neighbour? I think not.

  3. Re:What the hell is the point of these huge number by Kell+Bengal · · Score: 5, Funny

    Everyone knows that copy infringement is stealing - that means they must have stolen (and therefore possess) that much worth of property and so are perfectly capable of paying such a fine. Obviously.

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  4. Try reading past the third paragraph by alexhs · · Score: 5, Informative

    [T]he court ordered the now 28-year-old to pay $652,000 in damages for the unauthorized distribution of just one of the movies in the case. For the other 517 the man was handed a suspended jail sentence and ordered to complete 160 hours of community service.

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    1. Re:Try reading past the third paragraph by alannon · · Score: 5, Informative

      This entire thing really only makes sense if you take a look at it in terms of court costs. He was being prosecuted on 517 counts, which makes him, in my mind, much more than just a casual media pirate (as suggested by the summary). If the evidence was pretty much equally clear on each of the 517 movies, it probably saved a lot of court time and money to pin all of the substantial penalties on a single count and then suspend the rest of them. The downside for the court is that a huge amount of publicity it generated because of the "$650,000 for one movie" angle, whereas this might have caused less outrage if it had been a $1250 fine per movie, even if the total had been the same. If somebody else has another explanation as to why they would choose this bizarrely lopsided penalty, I'd like to hear it. Okay, scratch all of that. I read the related article, http://torrentfreak.com/largest-ever-bittorrent-tracker-movie-uploader-trial-concludes-131120/ and it says that only a single producer seeked damages. What an asshole, destroying someone's life for the sake of a 25 year old shitty horror movie.

  5. Re:Sweden? by K.+S.+Kyosuke · · Score: 5, Insightful

    I wonder if they're also going to fine negative reviews of that movie. Because, you know, they also damage its reputation. ;-)

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  6. Re:Good by Anonymous Coward · · Score: 4, Insightful

    You mean by taking stuff from the public domain, making a movie of it and then petitioning to have the copywrite extended for ever, that sort of theft from the public domain?

  7. HQ Only, Please! by Elixon · · Score: 5, Funny

    The message the judge is sending is this:

    If you pirate movies then you shall do it properly! No cam, webrip, telesync or other crap! All releases that does not match BRRip quality will be punishable by law!

    Judge is obviously very tired of all that poor quality and out-of-sync crap out there. We all are!

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  8. Re:What the hell is the point of these huge number by Anonymous Coward · · Score: 5, Funny

    The solution clearly is to allow repayment in the form of $650,000 worth of movies downloaded by the MPAA from the defendant.

  9. Re:What the hell is the point of these huge number by joe_frisch · · Score: 5, Insightful

    Both presumably. By collecting them they scare people. The judgement was $650K, even if that is above his net worth (it may or may not be), they may be able to garnish it from future wages. $650K is below the lifetime earnings of a lot of people.

    This is not to say that the ruling isn't completely unreasonable.

    Piracy is tricky. People who produce content do have some right to keep other people from stealing it. It is very difficult to track down individual pirates, so most get away and reasonable fines are not a deterrent. This leads to a sort of reverse-lottery where lots of people take a chance at disastrous penalties.

    Part of the problem is that the public is very split on what is reasonable.

    Some people believe ALL content should be free.

    Some people believe that small payments for content are reasonable, but that some industries charge "unreasonable" rates for content.

    Some people believe that the industry should make all content available at the same time everywhere at the same rates.

    Some people do not mind paying the rates industry charge, but prefer to download for reasons of convenience, lack o tracking, lack of advertising, or others. (many of the people who pirate Game of Thrones would purchase the content if they were allowed to without creating a subscription that they know may be difficult to cancel).

    Some people are happy with any arrangement that industry wants because the purchase is voluntary .

    It would be interesting to see a survey of opinions on this and see how well public opinion matches the law.

  10. Re:What the hell is the point of these huge number by Kell+Bengal · · Score: 5, Funny

    I concur. One low-quality copy ought to do it.

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  11. Re:What the hell is the point of these huge number by Assmasher · · Score: 4, Informative

    Unfortunately you can have your home seized in a forfeiture if you default on paying back a judgement, so if the judgement is large enough, yes, you can lose your home.

    Maybe all file sharers should incorporate into Subchapter S or LLCs ;)...

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  12. Re:Low Q? by alexhs · · Score: 5, Funny

    What part of:

    I fallet med Beck-filmen beräknas skadeståndet bland annat på kostnaden för att licensiera filmen, på att delningen slagit mot försäljningen och för att den delade filmens kvalitet försämrat filmens rykte.

    can't you understand ? :)

    In preview mode, UTF-8 codes for å, ä and ö are displayed correctly. I used HTML entities in this note.

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  13. Re:Good by Ragzouken · · Score: 4, Informative

    don't be so sure about that - there are cases where something in the public domain has been recopyrighted and removed by changes to the law

  14. Re:Good by noh8rz10 · · Score: 5, Interesting

    "snow white" is still public domain. so is pinnochio. What isn't public domain are the seven dwarfs happy through dopey, jimminey cricket, and others. These are new characters that Disney created. you're free to make your own pinnochio XXX or whatever you want to do.

    Note that the original snow white had seven dwarfs, but they didn't have names. you can't use the Disney names.

  15. Re:What the hell is the point of these huge number by Darinbob · · Score: 5, Funny

    A 64x64 pixel MPEG is so low quality that it would be worth millions!

  16. Re:What the hell is the point of these huge number by Anonymous Coward · · Score: 4, Funny

    You wouldn't steal a handbag.

    No, but I stole a handjob once. But then I had to give it back.

  17. Re:Good by Desler · · Score: 4, Informative

    A derivative of a public domain work can be copyrighted. Unless retroactively copyrighted by Congress, the original work is not.

  18. Re:What the hell is the point of these huge number by Anonymous Coward · · Score: 5, Interesting

    So does the value of the movie approach infinity as the resolution approaches zero?

  19. Re:What the hell is the point of these huge number by Anonymous Coward · · Score: 5, Insightful

    You live in Texas so you can loose judgements and not forfeit property?

  20. Re:What the hell is the point of these huge number by 10101001+10101001 · · Score: 5, Insightful

    Piracy is tricky.

    Granted.

    People who produce content do have some right to keep other people from stealing it.

    Define "stealing" in this context. Because "stealing" patents by utilizing the underlying ideas in more or less spelled out ways in a patent application are the basis of most industries in their foundations. It's only much later is there any real recognition of patents, generally, as companies (and people) feel a need to create artificial barriers of entry to preempt competition.

    Now, the case in point is copyright, and certainly there's a much greater view of respect for that field precisely because it is, in theory, supposed to be of a much more narrow scope. But, we're so far down that rabbit hole--the very definition of a derivative work has become so warped and the time span for a copyright to last has grown so large--that the respect for copyright at all has really had a falling out.

    It is very difficult to track down individual pirates, so most get away and reasonable fines are not a deterrent. This leads to a sort of reverse-lottery where lots of people take a chance at disastrous penalties.

    Which is the problem, full stop. If reasonable fines are not a deterrent, well, they're simple not a deterrent. Sometimes justice and punishment aren't a deterrent. That's life. Strive to correct this in some way only makes the situation worse. I mean, by the logic stated, jay walking should carry perhaps 20 years or even a death sentence. That's absurd.

    Part of the problem is that the public is very split on what is reasonable.

    A more major part is that those writing the laws are being effectively bribed with money from copyright holders into writing laws beneficial to copyright holders. So, that there is a "split on what is reasonable" is true. But, we live in a democracy, and I'm quite certain that way more than 90% of people are not in the "fine a person into oblivion". Hell, ever time you see a story showing the vast majority of a nation are committing piracy, it's a good sign you should rethink your laws to decriminalize it more, not try to crack down harder on it. That doesn't inherently mean that content creators won't be paid at all--although they may have to come to terms with the idea that even fewer will make a living wage from it. But, it may mean devising another system than copyright to facilitate it.

    Some people are happy with any arrangement that industry wants because the purchase is voluntary

    Piracy is voluntary too, between two consenting people to copy some bit of data. The rub is of course that it's piracy that's the issue, not whether people are somehow obtaining content from the industry directly without paying.

    It would be interesting to see a survey of opinions on this and see how well public opinion matches the law.

    See above. I'd say Napster was a good effective opinion poll of a sort. I am wary, though, of how any survey may be stacked one way or another to distort the message people wish to express. After all, most people may feel guilty about piracy, but that doesn't mean they feel they should be punished for it. Self-guilt happens in lots of circumstances which are clearly entirely victim-less, so it's important to not extrapolate unwarrantedly even if surveys did suggest that some sort of fine or whatever would be appropriate.

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  21. Re:What the hell is the point of these huge number by viperidaenz · · Score: 4, Funny

    Imagine the damages for a single pixel image!

  22. Re:What the hell is the point of these huge number by tao · · Score: 5, Interesting

    FWIW the film in question (Beck - Levande begravd) was a total fiasco at the box office... The fine (if ever paid) would likely provide a higher income than the film netted at the cinema.