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Swedish Court Clears Teen for Linking to MP3s
mml writes "Earlier this year a 17 year old in Skövde, Sweden was
charged with various offences relating to linking
pirated MP3s.
Yesterday (Monday 27. December 1999), the court in
Göta, Sweden,
decided
that "it is legal to have links
to pirated music on a homepage in Sweden if the
links are to a server in a country where it isn't
illegal to pirate music." (Metro 28. December 1999, p. 16)
The article also says that the 17 year old was cleared
mostly on the basis that the prosecution had not convinced
the court that most of the links went to the US.
Slashdot ran
the original story and a
followup in September. "
Another reason was that the prosecution had only charged him with copyright infringment, not with the other possiblel crime--to assist someone else in copyright infringment. Because he was never prosecuted for that the court did not consider wether he broke that law.
Erik
Has it ever occurred to you that God might be a committee?
Has it ever occurred to you that God might be a committee?
--- Jubal Harshaw
I really don't think that people should get into trouble for linking to illegal material. The people that should get in trouble are the people that are making it available in the first place. They are the ones that are breaking all the laws. Go after them. Leave the little guy that's pointing at the doorway alone. This is like busting someone for telling someone where you can order a mod chip for your Playstation.
-----
Could someone run this through the "Swedish Chef translator"? Maybe this should be a babelfish option!
Eric
Well, between an asinine US ruling regarding illegal URI linking that has all the clout to become precedential, and a Swedish ruling that linking to MP3s *isn't* illegal, I see the beginnings of a lucrative market in "offshore" webhosting... :P
This ruling is really interesting in that it exposes the huge problem of how international law is affected by the Internet.
:) is clearly in the right on this, and the decision appears to have been a wise one.
Obviously, there's no simple solution for problems like this. Sweden (as always
But it won't be long until the tables are turned against us with similar rulings. (Violations of copyleft or something.) The only method of fixing this, or so it appears, is establishing firmer international copyright laws and forming governmental forces that extend beyond the borders of any one country.
It's funny that US lawmakers seem to think that they can tax goods purchased over the Internet. That would involve all of them agreeing on a given method and value of tax, along with figuring out what state(s) get the revenue.
If they can't agree on this, how will we ever get 180+ countries to agree on copyright law?
But I don't think it's any clearer.
Hufrättee friede-a i pilutmål mut "moosikpuret"
1999-12-27 19:39
JÖNKÖPING
Ett fisa fägee till puretkupiered moosik på Internet är inget legbrutt. Först
måste-a det befises ett moosikee legts in utun tillstånd.
Dee bedömningee gör Göta hufrätt, sum på måndegee friede-a ee 17-åring
sum åtelets för ett sprida moosik oolegligt på Internet.
Unledningee till ett dee 17-årige-a Felköpingspujkee på sin hemsida legt ut
länker till puretkupiered moosik fer ett hun fille-a impunera på sina
kemreter. Det fer fikteegt för hunum ett få så många besökere-a sum möjligt.
Bork Bork Bork!
Någut hun lyckedes fäl med, på bera några måneder besökte-a toosentels
persuner hemsidun.
- Fi trudde-a ett hufrättee skoolle-a fälla ynglingee, säger ee besfikee Lers
Goosteffssun, fd för skifprudoocenternes intresseurguneeseshun IFPI, sum
öferfäger ett försöka öferklega till Högsta dumstulee.
Utun tillstånd
- Fi lär ooss äfee ef såduna här dumer sum går ooss imut. I nästa fell
kummer fi gifetfees ett fisa ett dee sum her legt in moosikffeelerna på
Internet her gjurt det utun tillstånd, ooch då kummer puretee ett fälles i
fert fell för medferkun, säger Lers Goosteffssun.
IFPI, Interneshunel Federeshun ooff zee Phunugrephic Indoostry, her sum
hoofoodooppgifft ett befeka de-a rättigheter sum upphufsrättslegee ger.
Bork Bork Bork!
Oorguniseshunee företräder itt femtiutel skifbuleg sum tillsemmuns
sferer för curka 95 prucent ef dee sfenska skifmerknedee. De-a seneste-a
åree her ellt mer puretkupiered moosik i så kellede-a MP3-filer sprideets
ilektruniskt öfer nätet.
- Jeg trur ett Internet på sikt kummer ett bli itt sooferänt tekniskt
hjälpmedel för ett sprida bra moosik legligt. Mee det ter några år innun
rättfisun hinner iffett teknikee.
Dömts till fängelse-a
Lers Goosteffssun säger till TT ett det under de-a seneste-a månederna kummit
flera dumer, både-a i Ioorupa ooch i USA, där persuner dömts till fängelse-a för
ett oolegligt ha sprideet moosik på Internet.
I det ektooella målet fick besökerna på hemsidun ee hänfisneeng till oolika
vebbedresser där ljoodffilerna funns. Moosikffeelerna pesserede-a eldrig
17-åringens serfer utun gick durekt till besökerens detur. Därigenum her
hun inte-a gjurt moosikee tillgänglig i dee mening sum efses i upphufslegee,
skrifer hufrättee.
Däremut, mener hufrättee, skoolle-a 17-åringee koonna bli irsättningsskyldeeg
till moosikrättighetseenneheferna.
- Fi her imellertid inga pluner på ett kräfa irsättning. Fi är inte-a ute-a
iffter dee här pujkee sum persun, utun iffter företeelsee sum sådun, säger
Lers Goosteffssun på IFPI.
Cecileea Undersun Idvell/TT
"If one is really a superior person, the fact is likely to leak out without too much assistance" -- John Andrew Holmes
Jönköping
Showing the way to pirated music on the Internet is no crime. First it must be proved that the music was uploaded without permission.
This is the judgement of Göta Hovrätt [second line court], that ruled a 17-year old not guilty of illegaly distributing music on the Internet.
The reason for the 17-year old to post links to pirated music was to impress on his friends. It was important for him to get as many visitors as possible. Something he succeded well with, in just a few months thousands of persons visited the page.
- We expected the court to convict the youth, says a dissapointed Lars Gustafsson, CEO of IFPI [Swedens RIAA], who considers appealing to Högsta Domstolen [Supreme Court, with some differances to the US concept].
Without Permission
- We learn from these rulings even if they go against us. In the next case we'll certainly show that the person who uploaded the music files to the Internet did so without permission, and then the pirat will be convicted al least for assisting, says Lars Gustafsson.
IFPI, International Federation of the Phonographic Industry, has as it's main task to guard the rights the copyright law gives. The organization represents about 50 record companies that amongst themselves represent about 95 per cent of the Swedish record market. During the last years more and more pirated music has been spread electronically in so called MP3 files via the Internet.
- I think the Internet will become a great technical tool to spread good music leagally. But it will be several years untill Justice catches up with technology.
Scentenced to prison
Lars Gustafsson says to TT [Swedish news wire service] that there's been several court rulings, both in Europe, and in the USA, where persons have been scentanced to prison for illegaly spreading music on the Internet.
In the case in question the visitors to the page were reffered to several web addresses where the music files were located. The files never passed the 17-year olds computer but rather went directly to the visitors computer. Because of this he did not make the music availible in the spirit expressed in the copyright law, writes the court.
On the other hand, the court says, the 17-year old could owe the copyright owners money [no mention of why].
- We have no plans on demanding money. We're not after this boy, but rather the occurance [of pirated mp3s], says Lars Gustafsson at IFPI.
Cecilia Anderson Edwall/TT
Erik
Has it ever occurred to you that God might be a committee?
Has it ever occurred to you that God might be a committee?
--- Jubal Harshaw
Bork. Bork. Bork.
Quickie translation of the Metro article:
THE COURTS OF APPEALS FREED IN CASE AGAINST "MUSIC PIRATE"
1999-12-27 19:39
JÖNKÖPING
Showing the way to pirated music on the Internet is not a crime. It first has to be shown that the music has been published on the Internet without permission.
This judgment is done by Göta hovrätt (court of appeals), which on Monday freed a 17-year old that had been charged with illegal distribution of music on the Internet.
The reason that the 17-year old boy from Falköping, Sweden, had links to pirated music on his homepage was that he wanted to impress his friends. It was important to him to get as many visitors as possible. Something he did well, in just a few months time several thousand people visited the homepage.
-We thought the court of appeals would convict the youth, said a disappointed Lars Gustafsson, president of the record industry federation IFPI, who thinks about appealing again to the Swedish Supreme Court.
WITHOUT PERMISSION
- We learn even from sentences like this that goes against us. Next time we will of course show that the person publishing the music on the Internet did so without permission, and then the pirate will be convicted at least for collaboration, says Lars Gustafsson.
IFPI, the International Federation of the Phonographic Industry, is focused on enforcing the rights that the copyright law gives. The organisation represents more than 50 record companies that together has more than 95 percent of the Swedish music market. In later years, more and more pirated music in so called MP3-files has been distributed electronically on the net.
- I think the Internet in time will become a superior technical aid to distribute good music legally. But it takes a few years before justice catches up to technology.
SENTENCED TO PRISON
Lars Gustafsson says to TT that it during the last few months several judgments have been passed, both in Europe and the USA, where people have been sentenced to prison for distributing music on the Internet.
In the case at hand the visitors on the homepage got a pointer to different web sites where the sound files were stored. The music files never passed through the 17-year old's computer but was sent directly to the visitor's computer. Thus he did not publish the music in the sense that is meant in the Copyright law, says the Court of appeals.
On the other hand, says the court, the 17-year old could be forced to pay damages to the music right owners.
- We don't have any plans on asking for damages. We are not after this boy as a person, but the phenomenon as such, says Lars Gustafsson from IFPI.
Cecilia Anderson Edwall/TT
Tell your friends about xenu.net
After a while, of free reign, where anybody can pirate music, some people are starting to look around and asking questions... and one major question is if anything is happening to prevent mp3 distribution.
Well, there isn't much people can do. There have been a few attempt to prevent people from pirating music, but not many succesful ones. It seems that this person was to set an example, to show that people aren't allowed to pirate music. And, it didn't work either.
here's where i start to go off-topic
But, the RIAA has also tried to prevent people from pirating music. So far, they've just tried to sue companies, such as Diamond, for releasing the Diamond Rio. They also have attempted to sue napster, since they have a client which "created a forum that lets online users trade unauthorized music files directly from their PCs".
Of course, if you haven't heard, there is then SDMI, which is promoted by the RIAA. SDMI stands for Secure Digital Music Initiative. It is an attempt to prevent piracy of music altogether.
I just wish Sweden was as rational in all areas but that is offtopic for now. If you are connected and it becomes illegal to link to certain sites in your country, there are several ways to circumvent such nonsence:
Link to a site in a country where it is legal to link to the site in question. (keep shell accounts in as many countries as possible) You could also choose to not link at all and instruct the user to copy/paste the URL. Ofcourse if there is anything 'illegal' to be linked word travels as fast as the Internet and it will not be possible to control. The very notion of applying law as we know it to information is absurd!
Wish all well that are in the jurisdiction of the California court and the DVD case. Ofcourse we in Europe laugh as the US just keeps falling deeper and deeper to protect a few special interests while neglecting national interests. Let us hope that this ruling and many that will follow will show the US they don't own the world.
OTOH, I won't say I'm happy because the decision offers a loophole through which conduct piracy. It's not only illegal, it's not ethical. Let me put it this way: to illegaly copy a song is equivalent to take GPL code and violate it's license (by making it proprietary, for instance).
(8-DCS)
Some courts have made linking to certain materials illegal. But what, precisely, is the illegality? For example might this be illegal?: an example link.
However, would the same "link" be illegal if the HTML was omitted, for example: http://www.slashdot.org/ .
Clearly, there are serious First Amendment issues in the first case. However, the issues are even clearer in the second case. For example, if the second case were true, then it should also be illegal to print lists of such URLs in a print publication.
This may very well be a strawman, but I think not.
My question is: say it's illegal to link to MP3z or warez, because it is said to be, in effect, distributing illegal music or software
Is it also then illegal to say that in Grand Rapids, Michigan, you can find prostitutes on S. Division, because that would be (in effect) soliciting prostitutes?
Just a thought. :-)
In your marriage example, or in any other similar case really, could the claimants (eg mormons) force the government into court by refusing to settle, or does this cause complications? It would be interesting to see what would happen if someone did force the government into court over the silly laws.
Bill - aka taniwha
--
Leave others their otherness. -- Aratak
(I'll pretend you don't know this, but if you actually do, you can pretend too -- it'll be fun.)
It's all in the spirit of the Swedish Chef of Jim Henson's Muppets fame. The enchefferizer is supposed to take English text and make it sound like the Swedish Chef were butchering it with his (hilarious if you're a Merkin) accent. To learn more, there's always alt.swedish.chef.bork.bork.bork.
"If one is really a superior person, the fact is likely to leak out without too much assistance" -- John Andrew Holmes