Wednesday, October 14, 2009

Swedish law Hadopi stumbles against ISPs

A Swedish appeals court overturns a court decision that forced an ISP to reveal the identity of one of its subscribers suspected of being hosted on a server for illegal content.

The law IPRED for Intellectual Property Rights Enforcement Directive, came into force in Sweden on 1 April 2009. It is supposed to make life easier for beneficiaries who seek to confuse the user downloads or supporters of illegal trade, enabling them to more quickly obtain the identity of a subscriber hiding behind an IP address. It is also necessary that ISPs play the game

Under the law IPRED five publishers turned to a court and asked the ISP Ephone provide the identity of a subscriber whose server housed among the quantity of these audio books, 27 books in which they hold rights. But Ephone refused to comply highlighting the protection of his client and the lack of evidence provided by rights holders.

For his refusal, Epone was convicted at trial and appealed the decision. The Court of Appeal in Stockholm comes to rule and held that "proof that the server was accessible to the general public had not been made," according to information reported by AFP. A first trial but overturned the Swedish Supreme Court may be sought.

The reaction Ephone at least shows that IPRED or not, the ISP in Sweden are not willing to be as natural identity of a client working behind an IP address. This has become almost a means of promotion since the ISP Tele2, which has nearly 600 000 subscribers in Sweden, had said shortly after the entry into force of the IPRED he would "remove an IP address once they have been used internally, is seeking guarantees respect for the integrity of its customers.

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