Sweden Bans Copyrighted Downloading 449
Xiar Prime writes "Swedish lawmakers have made downloading of copyrighted material illegal, one day after an 11-nation piracy crackdown. Prior to the passing of the law, it was only illegal to provide copyrighted material, not download it." From the article: " The law was drawn up to bring Sweden into line with EU directives and is also part of a wider crackdown on net piracy. It comes a day after the US Attorney General's office announced an 11-nation operation to catch and shut down net piracy groups."
This is a WASTE, unless... (Score:2, Insightful)
This all comes down to being a stakes game. Are the rewards worth the consequences? I honestly feel examples are going to have
Re:This is a WASTE, unless... (Score:3, Insightful)
Re:This is a WASTE, unless... (Score:2)
The goal of these fines is deterrence, not punishment. Do you *really* think that caught downloaders/sharers actually pay what the news media reports? If anything, there is an out-of-court settlement which cannot be disclosed.
The innocent grandma/5 year-old getting sued is designed to get the media's attention, and that's all they really need since these guys are experts at one to many-type distribution (and intimidation fits nicely into this expertise) and use of traditional communication channels.
Re:This is a WASTE, unless... (Score:5, Insightful)
Seems the world is headed toward imprisoning people for stealing a SLICE of bread, much less the whole loaf. Les Miserables for the new generation...
Re:This is a WASTE, unless... (Score:5, Insightful)
Re:especially when the analogy is bad. (Score:4, Informative)
Take means to remove an item from one position to another.
He took home the book from the library (the library is now deprived of a book)
She takes a poster from the pile (the pile of posters is now smaller)
Copy means to duplicate something
He copied the pages of interest from the library book (the library book remains unaltered)
She photographed the poster on the wall (the poster still remains on the wall)
(Excuse my druken grammar)
Re:This is a WASTE, unless... (Score:5, Insightful)
You are wrong. I've seen that raising fines or penalties doesn't lower the crimes. What lower the crimes is when you know that you are going to be caught regardless. If you know there is a big posibility of nothing happening to you, then you will do anything that is ilegal. If every crime is being punished and nobody is learning not to do it, then you can raise the fine/penalty.
Why? (Score:5, Interesting)
It looks to me that we're developing a hodge-podge of copyright/patent laws that has no policy thought and is simply a collection of knee-jerk reactions to what's news this week.
Re:Why? (Score:3)
Our "Representatives" pass the laws that generate the cash to get them re-elected. It's sort of a warped survival mechanism.
Re:This is a WASTE, unless... (Score:2)
You forgot to add the *wink wink, nudge nudge* in your statement.
Re:This is a WASTE, unless... (Score:3, Insightful)
You know, that's exactly the right idea. Just like how the death penalty makes people think twice about murdering. In fact, if there was the death penalty for littering, I think people would
RE: higher fines? (Score:4, Interesting)
As a general rule, the idea of charging people fines is a terrible way to punish the breaking of minor laws. I can't really speak for other nations, but in the U.S. - I see fines being levied as tax collection tools more than for any real interest in stopping the crimes they claim to help stop.
Where I live, you can almost tell how small a municipality is by how often you see the police sitting in one of the same sneaky places, spending most of the day looking for speeders. Larger municipalities with a bigger tax base don't *need* to pressure their police to hand out so many traffic tickets. They typically have more important things to do with their time.
The typical fine only punishes the poor. If you make enough money, paying a fine because you parked your car in a much more convenient place that happened to be a "no parking" zone is probably no big deal. Send off the money order and you're done. Might have been well worth the price of the ticket, really.
Nonetheless, making fines so high that even the rich get "punished" just makes it *impossible* for the poor to pay them - and that makes no sense either.
Crimes of "convenience" such as littering are going to happen whether the fine is $25 or $25,000. As another poster said, it's all about the would-be litterer's confidence level in not getting caught. In the case of littering, it only takes a split second to throw something out a car window - and especially at night, people probably won't ever see that you did it.
What would be better, IMHO, is in lieu of fines, order these people to perform community service. Make them pick up litter for a couple weekends. (Right now, we've got all these "adopt a highway" programs with volunteers - but seems unnecessary if you could make the people doing the littering do the cleanup instead.)
Re: higher fines? (Score:2)
Re:This is a WASTE, unless... (Score:4, Insightful)
Re:This is a WASTE, unless... (Score:3, Interesting)
If that's correct, and I can't provide a reference I'm afraid, then raming up fines will do nothing to slow unauthorised distribution of copyrighted materials.
And it seems unlikely that the penalty will be widely applied. There will be too many people who can't pay for a start. If the person being fined is going to have to pay i
Re:This is a WASTE, unless... (Score:5, Insightful)
1) It could make people less likely to commit the act.
2) It could make people lose respect for the law against the activity being punished.
3) It could make law enforcement officers hesitant to actually inflict the punishment. In the case of littering that you describe, it's gone from a stiff, "that'll l'arn 'im" fine to an unreasonable fine that could be financially ruinous to just about anyone. If I were a cop, and I was pulling someone over for littering in that county, nothing short of driving a Lamborghini would keep me from letting the guy off with a warning.
Same goes for file sharing. The fines for copyright infringement are already so high that a serious violator can end up owing more than their state of origin is worth. But people keep doing it, because the reward is great (free music), the harm to artists seems miniscule, and the likelihood of getting caught is zero in most peoples' minds.
Re:This is a WASTE, unless... (Score:3, Interesting)
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
You see, our forefathers were smart enough to include such things just in case someone like you (or some of those already in power) decide to do something incredibly...stupid.
~X~
Im swedish ;) are you? (Score:5, Informative)
Re:Im swedish ;) are you? (Score:2)
Sweden has been a known safe-haven for downloading while the rest of us hear about everything from Napster to Bram Cohen. With that kind of well rooted status among the people, how will any anti-piracy agency stem the tide of people refusing to give up the right that they just lost? It's still a pretty scary idea to take on all the downloaders (of the illegal kind) in the US even after all of our new law
Re:Im swedish ;) are you? (Score:3, Insightful)
It's even better than that; swedish law (PUL) forbids any registering of IP addresses if the suspected crime isn't serious enough to render a prison sentence if caught.
This effectively means that the small scale pirate copying that most people do on DC++ etc (which not even in theory can get you in prison) isn't even possible to investigate.
This is a pure bullshit law, and everyone knows it.
Re:Im swedish ;) are you? (Score:4, Informative)
Re:Im swedish ;) are you? (Score:2)
Re:Im swedish ;) are you? (Score:2)
As others have replied, they aren't hosting copyrighted material, so they aren't subject to this new law at least.
They have been sent such "scare mails" earlier, but just ridiculed them. But that was before this law. However, the interesting part is that some were sent because they didn't comply with the DMCA, so it seems the law enforces working for the movie companies etc use that law in specific as support.
And the thing is -- even if it's now illegal to download copyrighted material in Sweden, w
Re:Im swedish ;) are you? (Score:2)
Fair Use is dying (Score:2, Insightful)
RIP fair use.
Re:Fair Use is dying (Score:2, Insightful)
But you've never had the right to copyright infringement. And, the typical use of the word "consumer" includes that person's participation in a commercial relationship with the provider of the goods and services in question. Sneaking off with a copy of a movie doesn't make you a consumer. It makes you someone who's too cheap to pay for the movie. Since it's rampant, the only thing dying is the artist's hope of actually seeing a little compensation for your enjoyment of h
Re:Fair Use is dying (Score:3, Interesting)
Copyright laws are not just for the creators, it is also for consumers. It is a social bargain struck to balance the need to protect and promote creativity while ensuring free exchange of ideas.
To achieve these goals, the original copyright was structured so that after a relatively short period of time (20years),
Re:Fair Use is dying (Score:3, Insightful)
Re:Fair Use is dying (Score:2)
Re:Fair Use is dying (Score:2)
And your definition of copyright is very creative.
Copyright is a monopoly granted by governments to encourage creators to create. Not an inherent right of the creator.
Not a form of intellectual property, because there is no such thing as intellectual property. Property is physical, and finite, and can have an owner. Intellectual stuff does not have an owner, it has a creator, who is granted by governments a monopoly on distribution, because the nature
Wait... (Score:5, Funny)
All the Swedish you'll ever need (Score:4, Funny)
Downloading in the US? (Score:3, Insightful)
What's the status in the US?
Re:Downloading in the US? (Score:2)
Re:Downloading in the US? (Score:2, Informative)
Re:Downloading in the US? (Score:3, Interesting)
The computer acts as an entity to itself that's why the government can't even ask you to run tcpdump if you've been hacked unless they get a supoena (if you did it on your own without them telling you, etc you can give them to the government and it will be admissible). I went to a
Re:Downloading in the US? (Score:2)
For example in Hungary, you don't have to verify the source of legality if it's not explicitly forbidden (so if you come across an mp3 file, you can download it, but for example you cannot redistribute an mp3 from a website if there is an accompanying text (copyright notice) forbidding it from reproducing which of course is uploading already).
It is mostly accepted in Europe that the legality of a download has to be verified from the upload side - the one which reproduces the copyri
Au Contraire (Score:2)
Um. (Score:2)
Re:Downloading in the US? (Score:2)
Downloading copyrighted materials without the permission of the holder of the copyright is, by definition, copyright infringement, which is illegal. For example, we may download FOSS software, iTunes songs, and books that the author/publisher chose to put online, but we may not download warez software, songs from your local P2P or Bittorrent source, and bootleg Harry Potter books. However, there are so many downloaders that the RIAA and MPAA cannot catch them all, so they go after the uploaders who provid
Re:Downloading in the US? (Score:2)
By definition? Could you actualy provide the 'definition' that the courts use or are you just talking about your ass?
Re:Downloading in the US? (Score:4, Informative)
Can we have a more misleading title? (Score:5, Insightful)
Re:Can we have a more misleading title? (Score:3, Interesting)
Re:Can we have a more misleading title? (Score:2)
If you really want to be picky you'd say: It's a ban on unauthorized downloading of copyrighted materials.
Banned download of copyrighted material? (Score:5, Insightful)
Excellent! No more Linux kernels for Sweden! (Score:5, Interesting)
You may no longer download the Linux kernel. As you will note in all the file headers, it is Copyright (C) Linus Torvalds and many others.
As you have a blanket prohibition on downloading "copyrighted" material (and not just "copyrighted material which does not permit you to download it or make it available for downloading"), you may not download the Linux kernel.
Re:Excellent! No more Linux kernels for Sweden! (Score:3, Insightful)
You may no longer post on Slashdot. As you will note in TFA, it is a law that applies only to music, games and videos.
As we have a blanket opposition to posting "unfounded" material (and not just "founded material which does derive from a downloading of the available article"), you may not post on Slashdot again.
Re:Excellent! No more Linux kernels for Sweden! (Score:2)
The strength of said forces (Score:3, Funny)
No more Abba (Score:2)
what are we policing these days? (Score:3, Funny)
Really? A ban on downloading copyrighted material? (Score:3, Insightful)
Re:Really? A ban on downloading copyrighted materi (Score:2)
So the law doesn't apply to "everything", and it's not a huge stretch of common sense to assume that this applies specifically to non-licensed downloads of movies, games, and music.
Duh.
Re:Really? A ban on downloading copyrighted materi (Score:2)
Re:Really? A ban on downloading copyrighted materi (Score:2)
Copyright Holder: YWHW
Year: 0
Fortuantely, duplication rights have been granted...
Re:Really? A ban on downloading copyrighted materi (Score:2)
It's about unauthorized downloading of copyrighted material.
Takes two+ to tango (Score:4, Funny)
Or, however that would go in Swedish.
Re:Takes two+ to tango (Score:2)
According to the Swedish Chef filter [rinkworks.com],, this becomes:
"Yerrr, meteees. Um gesh dee bork, bork!.. noo vhee oone-a ooff us velks zee plunk, zee vhule-a croo gues tu Defy Junes' lucker. Hurty flurty schnipp schnipp! Yerrrr. Hurty flurty schnipp schnipp!"
That's ok. (Score:2)
Re:That's ok. (Score:2)
Re:That's ok. (Score:2)
http://www.cia.gov/cia/publications/factbook/geos / nr.html [cia.gov]
http://en.wikipedia.org/wiki/Nauru [wikipedia.org]
Given that shady banking has recently gone away, and the phosphate mines are depleted, Nauru needs some new income, and I think "being in the middle of nowhere" is their only resource. Given that, semi-shady web hosting would be right up their alley if they can get any cheap bandwidth. How much bandwitdh does thepiratebay.org use?
Re:That's ok. (Score:2)
So much for viewing Sweden as progressive (Score:2)
Of course, here I sit in the U.S. of RIAA. "Pot, kettle."
Re:So much for viewing Sweden as progressive (Score:2, Insightful)
Re:So much for viewing Sweden as progressive (Score:2)
So, how does this affect The Pirate Bay? (Score:3, Interesting)
Re:So, how does this affect The Pirate Bay? (Score:2)
Of course, one may well argue that what they're doing is still illegal (although I have no idea whether it really is under Swedish law or not), but if it is, then it probably was before this law came into effect, too, considering that uploading copyrighted material seems to always have been illegal.
This Is A Fun Law... (Score:2)
Re:This Is A Fun Law... (Score:2)
user = twit;
In Sweeden... (Score:5, Funny)
Re:In Sweeden... (Score:5, Funny)
Re:In Sweeden... (Score:3, Informative)
Uh oh... (Score:2)
Swedes can't visit Slashdot now (Score:2, Redundant)
At the bottom of every Slashdot page, it says "© 1997-2005 OSTG."
Re:Swedes can't visit Slashdot now (Score:3, Insightful)
The law just disallow unauthorized downloading of copyrighted material.
What about ISPs? (Score:2)
Media levy and now this? (Score:3, Informative)
No More Legal Threat Amusement? (Score:2)
My life is no longer complete. Bah.
Downloaders != pirates (Score:4, Informative)
Re:Downloaders != pirates (Score:5, Insightful)
More to the point, using the word "piracy" is empty rhetoric that has no place in reputable newsreporting. The last time I checked the U.S. Code, "piracy" is a crime punishable by death (for air piracy; sea piracy is punishable by life imprisonment).
Why don't we just call file sharers "child rapists" with some equally strained analogy?
(The term "piracy" is used in some patent court decisions, true, but that's hardly an excuse.)
This is true, but... (Score:2)
-- Henrik Ponten, Swedish anti-piracy agency
http://news.bbc.co.uk/2/hi/technology/4642373.stm [bbc.co.uk]
Want to see something Really Scary? (Score:2)
Hooray! (Score:2)
THANK YOU, SWEDEN for making me feel slightly less embarrassed about being an American, if just for a little while.
Important re Swedish download law (Score:3, Interesting)
What really happens under the new law is actually hanging upon two earlier cases; one regarding UPloading (filesharing of one Swedish movie) and one case regarding Swedish law on databases containing personal data.
* The first case (a guy who is charged with uploading a movie) will decide the graveness of the crime. It's not yet decided by court whether he will be fined, or whether he will end up in jail.
If he gets the maximum jail sentence of two years (which he may well get, since it will be suspended anyway), the Swedish police authorities will have the right to search the premises of everyone that's suspected of a similar crime.
The results of such a search (the content of hard disks, CD's and so on) can be used for further charges against other persons.
* The second case is the charge (from several thousand people) against the Swedish "Anti-Piracy Bureau" (an organisation of large copyright holders, record companies and so on) that their continuing datamining - automatic searching for up- and downloaders - is against Swedish law.
The regulatory body, "Datainspektionen", has already decided that this activity is against the law, but of course this decision has been appealed.
In the worst case scenario, filesharing of un-authorized material (and we're not necessarily talking syndicated crime here, but basically the average user!) will be considered a rather grave felony.
In the best case scenario (of course, this depends on whether you're a regular user or a record company), filesharing will be considered a misdemeanor, more or less like speeding. Not allowed, but nothing that will destroy your life.
The basic problem - Angloamerican "copyright" vs. Swedish "upphovsrätt" is to complicated to even think about this late at night. This will prove to be a real hornet's nest...
No more Web (Score:3, Informative)
These images will have copyrights. In order to be sure that you are not downloading copyrighted images, you would need to disable automatic image download as well.
Even the web pages themselves are copyrighted
(although they usually have the date wrong Acme Inc (c) 2003).
In order for a user to surf withuout breaking swedish law every 20 seconds, he wopuld have to maintain a list of URL's that are known not to contain any copyrighted material, because the act of pointing the browser to them to see if a page as a (c) at the bottom requires the page to be downloaded.
In order for Swedish ISP's to avoid dbecoming accessories to breaking of Swedish law, they would need to monitor all pages for (c) notice.
Not only that, the lack of (c) notice does not guarantee that a page is free and unencumbered form copyrights. The Berne Convention which Sweden, US and most other countries have signed on to, regarding intelectual property grants the creator of an intellectual work ownership and control over said works, wheterh they are affixed with a copyright notice or not.
So, this means Swedish ISP from nmow on will be forced to filter all content, and only let theough content that explicitly is identified as public domain, or under a license that explicitly grants the page to be downloaded.
This law is very strange.
If you went to a book store, and bought a conterfeited book, should it be your responsibility to contact the publisher to confirm that you bought a rolalty-paid copy?
Or if you visit your library, should it be your duty to ensure that the books you borrow werew purchased thruogh th eproper channels?
This law, while it might appear to the lawmakers to address a loophole, and chart out a grey area of the law, instead has taken freedom away from the citizens, plus added more grey areas to the law.
Does no one else see the BIG problem here? (Score:3, Informative)
So, by banning the download of "copyrighted" material, this law would prevet the Swedish from downloading anything at all. Except perhaps from Vanuatu...
Even GPL'd software has a "copyright" on it... In fact, the terms of the GPL itself give us the "right" to "copy" it in the first place!
I never really thought about this particular angle before, but perhaps someone more legally inclined than myself could elaborate on this? It seems to me that, considering the above, you cannot avoid downloading copyrighted material. Under that condition, therefore, how can one attribute blame to the recipient? It only makes sense to consider the act of distribution an offense.
Re:No downloading of copyrighted materials... (Score:3, Informative)
Re:So, Sweden finally made it illegal... (Score:2)
Every step towards enforcing copyright is a step back. People should be able to create derivative works and advance the state of the art, rather than re-reaching the state of the art in every work, because it is copyrighted for unlimited times. Copyright yields not only lack of freedom, but also inherent inefficiency.
Re:So, Sweden finally made it illegal... (Score:2)
A Yank in Sweden
Re:So, Sweden finally made it illegal... (Score:2)
Re:So, Sweden finally made it illegal... (Score:2)
The GPL only has any teeth in it, that unless you follow the license, you aren't allowed to use copies of it under copyright law. Remove enforcement of copyright and you remove any need of the GPL.
Re:So, Sweden finally made it illegal... (Score:2)
But without copyright, the GPL does not need power.
Microsoft will lose its incentive to create a closed variant of a GPL'd program because it would not be proprietary and they could not gain much from it.
ThePirateBay.org still legal (Score:3, Informative)
Probably not that soon then.
Re:The Pirate Bay (Score:2)
~S
Re:The Pirate Bay (Score:2)
I think they'll be just fine.
Re:This is absurd (Score:2)
Misleading ./ summary/headline (Score:2)
According to TFA lead paragraph, it's specific to movies, software, and music downloads.
BTW, even the text content on news sites (and most other sites) is copyrighted.
Re:Download it as something else (Score:3, Informative)
In many (most?) nations, creation/distribution of derivative works is prohibited by copyright law. Your bit-shifted download would probably count as such.
Re:How do I know... (Score:3, Informative)
Anyhow...
In legal theory, there's two distinct things when it comes to evaluating whether a certain offense was committed or not, namely the subjective and the objective