Slashdot Mirror
Teen Freed for Linking to MP3s
7 year old free from charges in swedish mp3-case
The district court of Skövde announces today that the 17-year old who had using links to mp3-files on his homepage, is now acquited. Justification being that the 17-year old had only been directing to, not distributing the actual files. The classification was "crime against the copyright law through digital mp3-technics".
Even though he is now acquited, the court thinks he is guilty of complicity to crime against the copyright law. But since he was never prosecuted for that crime, he is released.
This is the first time in Europe a mp3-case has been brought to court. Its the International Federation of the Phonographic Industry (IFPI) who prosecuted the 17-year ord. The organisation has charged him with fines, but crimes against the copyright law can result in up to two years in prison. IFPI has not yet responded if it will appeal against the judgement.
Although it's good that he got out, there's stiull the issue of linking and the nebulous "assisting copyright crimes".
For example, say I, at school, decided to use a cd burner to record a song? Since it's their eq, would that be "assisting copyright crime"? What if I give someone a MP3->.wav converter? Or for that matter a CD ripper? Have I "assisted copyright crime"? The entire charge is both nebulous and overreaching. If I send an MP3 to someone under the assumption (which may well have been stated on his page, although I honestly don't know) that they already own the CD, and they happen not to, does that qualify?
Sorry about mixed-upness, it's not even 1000...
17 year old freed in Swedish MP3 case
The court in Skövde said that the 17 year old who had links from his homepage to MP3 files is acquitted. The reason is that the 17 year old didn't spread the files, but simply linked to them.
Today the verdict was delivered in the highly publicised case against a 17 year old who linked to MP3 files. The charge was crime against copyright laws using MP3 digital media.
Although he is now free, the court said he was guitly as an accessory to copyright infringements. But because he was not charged, he can go free.
First legal case in Europé
The case deals with the music industry's worries about pirate copying of music and the case is unique - the first time that an MP3 case case been taken up in Europe.
It was the recording insutry's IFPI, International Federation of the Phonographic Industry, who prosecuted the 17 year old. The organisation has pressed for a fine, but copyright violations can carry a sentence of up to two years in prison. The IFPI has not said that it will not appeal the decision.
The court followed the line given by lawyer Per-Olof Almers. He argued that the case was not a crime. The 17 year old only showed interest in other's MP3 files.
(Very quick translation indeed)
A little planning goes a long way...
This case vaguely reminds me of another case I heard about a couple years ago. I'm a littly sketchy on the details, gut the gist of it was:
An undercover cop walks into a party. Asks a teenager if he had any drugs for sale. The kid says "No, but that guy over there might." The cop proceeds to buy a large amount of, if I recall correctly, cocaine from the person the kid pointed out.
The kid is prosecuted for his "active participation" in this drug deal, and since the amount purchased crossed over some legal limit in that state, he received a mandatory life sentence with no possibility for parole.
So this is not just an Internet issue. In both cases a fairly innocent teenager was prosecuted for nothing more than passing along information.
It seems to me that the prosecution of someone who merely points out where something is available is simply one more way our society has devised of removing responsibility from where it truly belongs: with the person actually committing a crime.
What's next? Do I get a speeding ticket for telling someone "If you push that pedal on the right further down, your car will go faster."