First Swede Prosecuted For File Sharing 432
praps writes "The Local reports that a 27-year old man who allowed people to download a film from his PC has become the first Swede to be charged with illegal file sharing, after a tip-off from the country's notorious Anti-Piracy Bureau. It's a critical test case, as prosecutors say that anything less than a prison sentence would make future prosecutions unlikely." From the article: "The case was brought after a tip off from Antipiratbyrån (APB), a lobby organization set up by the media industry to combat illegal downloading in Sweden. Since the man was reported APB has found itself in hot water, with an Internet company accusing the organization itself of illegally downloading films and games.
Here is what he said: (Score:3, Funny)
Re:Here is what he really said: (Score:5, Insightful)
Surprisingly enough, the swedish people, despite having this beautiful old language, try very hard to learn and speak English, because it happens to be a very popular language all over the world. It might be that a few of them have a rather strong accent, but you should hear how ridicolous native english speakers sound when they try to speak _any_ other language.
Sorry for ranting. I know you where joking. But jokes about other people's lack of english skills mostly come from persons who have never mastered a foreign language (we don't even talk about their own...), that pisses me off.
And, by the way: I'm not swedish. But all (8) the swedish people I know are extremely proficient in English.
Way to go! (Score:5, Funny)
Re:Here is what he really said: (Score:3, Funny)
Most americans can't even speak English properly.
And next. (Score:5, Funny)
English vs. Swedish (Score:5, Funny)
If you want to see how similar Swedish is to English, go to Helsinki.
Swedish phones (Score:3, Funny)
ring.....ring....ring....
Hello?
(staticy voice in phone) Bork! Bork! Bork!
(click)
Prison? (Score:5, Informative)
What about murderers? Oh right, they also get prison sentences.
Re:Prison? (Score:2, Insightful)
Re:Prison? (Score:5, Insightful)
Good to know.
Re:Prison? (Score:2)
Say the punishment for murder was life. That's probably what, 50 years?
Then you'd say, "So a human life is worth 18 pirated movies. Good to know."
Re:Prison? (Score:2)
Re:Prison? (Score:5, Insightful)
And the point would still be valid. A life is worth more than every movie ever made; any punishment for copyright violation that includes jail time is out of proportion.
By the same token anyone who risks jail time to download Big, is a bit crazy.
Re:Prison? (Score:3, Funny)
Obviously, you've never seen "Lesbian Spank Inferno!"
Value of a life (Score:3, Insightful)
A life is worth more than every movie ever made; any punishment for copyright violation that includes jail time is out of proportion.
As a consequence no film whose making runs a non-zero risk of killing someone should ever be produced, right? Also, punishing ordinary theft with prison time is always out of proportion?
Your thinking is based on the popular error, that a human life should be valued higher than any finite amount of money.
Government continually has to make trade-offs between saving lives an
Re:Prison? (Score:3, Insightful)
Sharing movies only hurts the people trying to make money from selling (access to) movies. In most cases yes, that's a "bigass company", but some movies are made by small groups of individuals.
In either case, even "bigass companies" are just large groups of individuals; do you have a size limit above which it's ok to infringe on copyrights? 10 people? 100?
Re:Stupid argument (Score:3, Insightful)
Can I trade (Score:2, Troll)
If I make 8 movies and don't sue anyone for pirating them, can I trade that for killing someone?
Nobody important, I accept that Gates is worth at least 20 movies....
Re:Prison? (Score:3, Insightful)
Yes, there's where the sense in it is. Some part of your income is more important to preseve than a life.
Re:Prison? (Score:5, Insightful)
* Copyright infringement, for profit (illegal reselling of a copyrighted work for which you have no rights).
* Copyright infringement without profit (illegal redistribution, for free).
Would you agree that the second is of a lesser degree. And that it is closer to "free advertisement" (as in: "look, I like this movie/music, I think it's cool, don't you share my view?").
Re:Prison? (Score:2, Offtopic)
Would you agree that the second is of a lesser degree.
This is the classic Robin Hood defense, and under American law, essentially worthless in court.
Re:Prison? (Score:3, Insightful)
Re:Prison? (Score:5, Informative)
Re:Prison? (Score:5, Funny)
This is the classic Robin Hood defense, and under American law, essentially worthless in court.
Maybe it's worthless in court, but it rhymes, so I imagine Johnny Cochrane could use it pretty effectively.
Re:Prison? (Score:3, Insightful)
This is the classic Robin Hood defense, and under American law, essentially worthless in court.
You mean it is worthless in American courts now. It was not so 20 years ago. That was when non-commercial copyright infringement became a crime. Since copyright is intended to encourage artists to create useful works by granting them a limited monopoly, there was no reason to prohibit non-commercial distribution and it was not a crime. Since then copyright has turned into a "how much money can we get from them
Re:Prison? (Score:3, Insightful)
I would go one step further than saying the second is the lesser crime. I would say
Re:Free Information (Score:3, Insightful)
Interesting. Most children are not greedy like adults are greedy. Most children work for acknowledgment, for praise. Somewhere this love of doing changes into working to satisfy greed. I wonder if this is something because of capitalism where money can buy you anything, including politicians and public opinion.
A software company for instance, can put a lot of manhours on producing a product. They then want to ear
Re:Nice try at rationalization, but it won't fly. (Score:2, Informative)
You see, just because you're redistributing Coyrighted material does not make it loose its Copyrighted status. Therefore, the nth degree person taking the work and selling it is the one committing prejudice, and that prejudice cannot be transitively transferred back.
Also, for illegal redistribution of Copyrighted material, infringement must be used instead of piracy.
Re:Prison? (Score:5, Insightful)
Where is your sense of proportion now?
Do you want another example? Ok, I have one right here. A guy (drunk) crashes his car into a building at high speed, kills one bystander. Previously, they have taken away his license three times for drinking and driving, speeding and reckless behaviour. End result? One year in prison. Please put him in jail with that Swede, I think they have a lot in common (sarcasm overdose).
Re:Prison? (Score:2)
You can get probation [state.ny.us] for some pretty serious crimes, including attempted murder and rape. I think the sense of perspective is a bit out of whack here.
Re:Prison? (Score:2)
So do those convicted of non-violent. white-collar crimes, like Martha Stewart.
Re:Prison? (Score:2)
Less than prison is ineffective?? (Score:4, Insightful)
It is still a question if that's "stealing" at all but they just have to put someone in prison for it anyway.
Seems like what they're hoping for is that the whole P2P is a bad dream and if they POP it hard enough, it will all go at once. Next aim would be to put a man on an electric chair, I guess?
So... How hard do they need to abuse the next victim for you to stop downloading? Prison? Ass rape? Work camps? Sheesh.
Re:Less than prison is ineffective?? (Score:3, Informative)
Re:Less than prison is ineffective?? (Score:2, Interesting)
With such prisons he might as well trade a large money fine for a few years in the no-security prisons in Sweden.
(Is there wi-fi in these prisons, I wonder)
Re:Less than prison is ineffective?? (Score:2)
Re:Less than prison is ineffective?? (Score:5, Insightful)
You people seem to think justice is all about retribution and "making the bastards what did it suffer". We think it's about keeping criminals away from the public (so they can't continue to commit crimes), and trying to reeducate them so they won't go on and commit crimes again when they're released.
Europe has a lower crime rate per capita than the USA: in the case of Sweden, far lower. There are only two possible conclusions - either Americans are genetically predisposed to crime, or the European systems of government, education, and justice work better than the American one. I'll leave it to you to decide which of the two you consider less unflattering.
Re:Less than prison is ineffective?? (Score:5, Informative)
According to Swedish secrecy law, the ISPs can only be ordered to reveal the identities behind IP numbers if the crime is worth a prison sentence. This case will serve as a precedent. If this guy is spared from prison (very likely), ISPs will no longer reveal file sharers identity.
Re:Less than prison is ineffective?? (Score:2)
You never really made a point or gave any reasoning for why you feel the person should not be imprisoned. Do you feel that it is no big deal? It is a violation of the law, and apparently it is punishable by imprisonment in Sweden. Were you on the side of Michael Fay when he went to Singapore and vandalized the country? I'm personally glad that they caned his ass. People can't just k
Re:Less than prison is ineffective?? (Score:3, Insightful)
Thus, your argument is that copying bytes is equivalent to raping people ?
Let me guess, in real life, people often tell you "yeah, right" and leave when you debate with them ?
--
Go Debian!
Re:Less than prison is ineffective?? (Score:3)
I was about to say "You misspelled 'prosecutor'" but then realized that in this case, you're right.
Re:Less than prison is ineffective?? (Score:3, Interesting)
Just because someone doesn't know you took a five dollar bill out of their wallet, and just because they don't call the police, doesn't mean that you haven't stolen from them. Based on the "IP" concept, every movie, song, book out there is a p
Nice prosecutor (Score:5, Interesting)
Here's a quote from the prosecutor:
"As these cases do not involve criminals, but instead quite ordinary people who share their files, any prison sentence would certainly be suspended," Rudström said.
Is it just me or does this sound like something that would be said by a defense attorney?
Re:Nice prosecutor (Score:5, Interesting)
Re:Nice prosecutor (Score:2)
usually they got a pretty good feel of what's worth the courts time.
Re: Nice prosecutor (Score:5, Funny)
> I thought the headline First Swede prosecuted for sharing files on net was fairly ominous
I was shocked just to hear that the first Swede is still alive.
Re:Nice prosecutor (Score:3, Funny)
Sven: "Hey, I'm Sven the Swine. I dismembered 12 people using nothing but a rusty spoon."
Bjorn: "I abused 20 nuns and stole 50 million Euro from orphanages at gunpoint. What are you in for?"
You: "I allowed others to download "Hipp Hipp Hora" off my computer."
Bjorn: "What the hell is that? It sounds like it involves hippos."
Sven: "You SICKO!"
Crimnal Case??? (Score:5, Insightful)
Won't putting these people in jail prevent the copyright holders of collecting damages? (Isn't that the point: that they are supposed to be reimbursed for lost money?)
If this happened in the US, the end result would be that everyone that is ever convicted of copyright violation is going to be punished twice: jailtime plus civil lawsuit...
Re:Crimnal Case??? (Score:2)
Many people work in prison. The guy can apply to work at the lampshades and rattan baskets workshop and pay off his debt to the RIAA^H^H^H^HAPB in less than 10000 years.
Re:Crimnal Case??? (Score:2)
When you're in prison you don't need your house nor your car...
/greger
Civil Case Criminal Case (Score:2)
what was once considered to be a civil case
(copyright infringement) into a criminal case.
Of course, since Federal prosecution under the
auspecies of the USA Patriot Act (I) may not be
permitted to be publicized, the full value of the
impact upon P2P file sharers (to change their ways)
might get lost. Publicity, especially very bad
publicity, can go a long way toward influencing
change in behaviour (beneficial to **AA).
When a recent case (that should have been "civi
Re:Civil Case Criminal Case (Score:2)
Re:Civil Case Criminal Case (Score:2)
that it will be enforced, right?
Isn't it amazing that there is such a stark contrast
between one 2 term President and the next 2 term
President? One that united with NATO allies to
bring peace to the Balkans, that honored the rule
of law (international law), and was a good stewart
of the American taxpayers' money (with a $500M
surplus, versus a President that has fragmented
the NATO alliance over Iraq, breaks international
law as a matter of course, and has virtu
Re:Crimnal Case??? (Score:2)
The No Electronic Theft Act signed in 1997 removed the profit motive as a necessary element in a criminal prosecution for copyright indringement: Criminal Intellectual Property Laws [cybercrime.gov].
Maybe sanity will prevail.... (Score:3, Insightful)
Hopefully, this sort of more sane attitude will prevail. How is this different than if he lent a copy of the DVD to a friend?
In many countries, it would be acceptable to view it, copy it, or parts, while it's in the borrowers possession.
This should be the case here. The whole world is surely watching this case! Use your heads Sweden!!!
APB (Score:5, Funny)
My file døwnløåding sister wås bitten by an antipiratbyrån once...
Nice MPatHG reference (Score:2)
Re:APB (Score:5, Funny)
Re:APB (Score:2)
Re:APB (Score:3, Informative)
FYI...
Norway and Denmark:
å : aa, æ : ae, ø : oe
Sweden:
å : aa, ä : ae, ö : oe
Re:APB (Score:2)
Curiosity... Wouldn't that be better transliterated as å : oa?
I dunno, I took a semester of Swedish a few years ago on a whim. I don't really remember much beyond how to count to tjugo and say "Hjälp! Var är toaletten?"
Re:APB (Score:2)
Modern Å is the correct transcription of French (e)au and corresponding spellings in English: bureau becomes byrå; however, the letter å is originally derived from the long, back, semi-closed North Germanic a sound, spelt aa (pronounced roughly like "awe"). It is still spelt aa in many Norwegian and Danish names
Re:APB (Score:5, Funny)
å : aa, æ : ae, ø : oe
Sweden:
å : aa, ä : ae, ö : oe
Not that this helps us ignorant redneck Americans any, since almost no English words have "aa" or "ae" in them. How are these sounds pronounced, anyway?
"aa" is pronounced like the danish "å" and "ae" like the swedish "ä"...
Re:APB (Score:2)
Scroll down for å, ä, ö and read/listen.
Re:APB (Score:2)
Re:APB (Score:2)
APB themselves aren't really spreading files (Score:5, Interesting)
More exactly: for paying a person to infiltrate an ISP to download and spread copyrighted files there, and later sue that ISP. I don't think the infiltrator was actually employed by the anti-piracy bureau; he just got some money to do the job. Also, it's not known anyone else at APB has in any case done this themselves. It's still of course quite dirty tactics to sue an ISP, and I hope they're not getting away with it.
Why can't American law be as sensible as Europe's? (Score:3, Insightful)
Re:Why can't American law be as sensible as Europe (Score:4, Insightful)
My question is this, isn't entrapment illegal in Sweden?
If not then I think the need a major overhaul in there laws.
Re:Why can't American law be as sensible as Europe (Score:2)
So far, the swedish police have said they're having resources to investigate copyright crimes of individuals ("Joe User"), although that doesn't really mean anything special, as lobby organizatio
Re:Why can't American law be as sensible as Europe (Score:2)
Correction:
So far, the swedish police have said they're not having resources to investigate copyright crimes of individuals
Pirate Bay (Score:5, Informative)
This could be the end of the low ratio of torrents deleted vs. the law suits...
Re:Pirate Bay (Score:2, Troll)
Re:Pirate Bay (Score:5, Insightful)
Man how times have changed...
Re:Pirate Bay (Score:5, Insightful)
he isn't flaunting that US/EU laws have no effect; he is simply mentioning that bittorrents are not illegal. if bittorrents were illegal, then so would a http reference from slashdot. keep in mind a bittorrent only tells you how to get the files by providing information as to where the file is being tracked. its not the copyrighted file in question that he is hosting.
hence, its perfectly legal.
Re:Pirate Bay (Score:2)
Not really; just because a guy might go in prison for spreading files, doesn't mean operators of a site suddenly get responsible for taking away locations (.torrent's) of copyrighted material. Copyrighted material could always be spread in illegal ways even in Sweden, but the part about The Pirate Bay is another topic of sysop responsibilities in the current BBS law in Sweden. At least that's the law TPB has been supporting the
Leave the swedes alone (Score:2)
In yet another critical test case .. (Score:4, Insightful)
This APB is in a big mess. (Score:5, Informative)
Downloading ? No its uploading they are accused of. One informant they hired was the main one responsible for uploading films, music and computer programs to a computer at a ISP who they later got the police to raid and take for evidence.
The thing is a whole mess with basically everyone involved having been accused of misconduct or unlawful activities - ISP, police and the APB.
Entrapment? (Score:2)
Re:Entrapment? (Score:5, Informative)
Africa calling.. (Score:3, Funny)
Slashdot at its best... (Score:2, Insightful)
Not two days ago almost everyone agreed with Apple about the lawsuit against the guy who leaked a *beta* of Tiger. Now suddenly there are 3/4 comments questioning if this Swede was even stealing...
And in the typical Slashdot philosophy this comment will be modded down and all the rest arguing wether this was stealing will be modded Interesting/Insightful.
This is a good example why I don't even argue here about copyrights and just skip those news items (apa
Re:Slashdot at its best... (Score:3, Insightful)
The current Slashdot new UID is something in the 800K range. Even if only 10% of Slashdot UIDs are active, that still leaves 80K users. Amazing, isn't it, that there may be people who have different sets of opinions in this number of users, hmm?
I'm not sure how it works in Sweden (Score:2)
Hopefully, Sweden will work out the same way.
One law for everyone, not one law for the corporations, another for individuals.
If they jail this guy, they should jail those involved in the APB operations.
The First Swede... (Score:4, Funny)
Sounds like a good name for a gouvnerment official.
WHAT? (Score:4, Funny)
APB caught violating copyright! (Score:5, Interesting)
Somehow, SR discovered this. They brought their legal counsel into the studio, rang up APB, and confronted them. APB's response?
* Firstly, they try to claim that they only link to the audio clip, and not a copy of it. The legal counsel shoots this down immediately citing a court decision where linking directly to a file is equivalent to sharing a copy.
* Secondly, APB claim that what they are really looking for are pirates who make a lot of money from their piracy. As has been discussed pretty heavily in Swedish media, this kind of piracy is virtually nonexistent in Sweden.
* Thirdly, they dismiss the whole thing, because, and this is the best thing: THEY ARE TOO BUSY HUNTING DOWN PIRATES!
This news hasn't really broken yet, and because of easter holdays I believe it won't until early next week.
Skip
Well in the US... (Score:3, Interesting)
They were NOT supposed to be used to create monopolies on things like calling "dibs" on the front seat of the car in perpetuity when you were a kid. The onus was on the originator to take steps to protect their turf at the outset, and from then on. It was up to the originator to perform due diligence in enforcement of their transitory rights in the matter or lose them. These were NOT rights in the same sense as freedom of speech and so on, these were legal constructs based in laws and not presupposed natural holdings recognized in the US Constitution.
Now it's at the point that various associations are unilaterally taking it upon themselves to do the due diligence on behalf of the originators and in most cases with no legal agreement to perform that representation on their behalf. Only the parties directly affected have any standing and they must do their own work short of legal assignment of rights and/or responsibilities by binding contract.
You cannot merely imply that a third party has standing simply by virtue of the subject matter. IOW, you can't simply have the RIAA do your copyright enforcement for no better reason than they are a recording association and you made a recording. You have to enter into an agreement or they have no business doing your enforcement for you. That's the way it was explained to me when I wrote my first program and like an adult, I accepted my responsibilities.
Moving it from the civil side to the criminal side is the next level of lunacy. As most every lawyer I've ever spoken with agrees, we already have some several hundred times more laws than we can possibly enforce, causing us to reduce more and more criminal offenses to de minimus status, where they aren't worth the time of the authorities to go after.
If we continue on this path unabated, we will get to the point that the police will have to either put all this crap on the back burner and ignore most of it, or they will have to become a weird combination of the firemen of Fahrenheit 451 and the thought police of 1984. Is this really what we want?
The other consequence is growing civil unrest and here in the age of the global Internet, with cryptography and hacking knowledge being so freely availible, and the growing anti-corporate socialistic mindset combining more and more with basic human cynicism, we're looking at more and more subversive and reactionary fighting back.
Does it only seem like the future is going to end up like some techno-future anime? I am all for growing rabid peaceful noncompliance, fighting them to a standstill, until a peace treaty of sorts can be worked out if only in terms of a gentlemens' silent agreement. We need to come to an accomodation somewhere in between before it is too late.
Well that's it... (Score:2, Funny)
Copyright insurance (Score:3, Interesting)
Re:ThePirateBay (Score:4, Informative)
Re:ThePirateBay (Score:2, Redundant)
There's still no new "legal threats", though. Pity - I always enjoy reading those (even though I don't use ThePirateBay otherwise).
Re:ThePirateBay (Score:4, Interesting)
version of the "closed for patent infringement" statement. Hmmm, it was just updated with a redirection to the closed notice.
Search a litle harder (Score:2)
http://www.mplayerhq.hu/homepage/design7/news.h
http://www.mplayerhq.hu/homepage/index.html
Re:from the i-own-everything dept (Score:5, Funny)
Is that a new Apple product?
Re:from the i-own-everything dept (Score:2)
Sorry... I mean... "innovation".
Re:is this story not telling us anything, or (Score:3, Funny)
Location: c:\files
Size: 630.25 MB
Size on disk: 630.4 MB
Prison term for file sharing: 365 D
Re:is this story not telling us anything, or (Score:2, Interesting)
Re:File Sharing akin to Radio Listening & Hope (Score:2)
Individual users downloading via P2P pays no one.