tag:blogger.com,1999:blog-5574479.post3154199535812511626..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: European Court of Human Rights decides the Pirate Bay caseVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-74709489340003176892013-04-15T19:28:52.321+01:002013-04-15T19:28:52.321+01:00Copyright as it was in the year 2000 is dead, and ...Copyright as it was in the year 2000 is dead, and the courts just haven't noticed it yet.<br /><br />At the moment, copyright lawsuits are primarily used as a form of harassment, not for legitimate purposes, and this phenomenon has to be recognized sooner or later.<br /><br />Apparently this was not the week.neroden@gmailhttps://www.blogger.com/profile/07475686367097445497noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-35161421139451721122013-03-22T22:08:43.470+00:002013-03-22T22:08:43.470+00:00I really welcome The Court's decision because ...I really welcome The Court's decision because the copyright protection on the Internet is really hard today. <br />Copyright works form a specific kind of the 'information' within the meaning of the article 10 of the European Convention of Human Rights. The article 10 is in my opinion aimed especially at the 'information' such as publicly available infomration e.g. news or info that do not include rights of the author (in the part of receiving and imparting the information).<br />Author's protection on the Internet is mostly not feasible due to the world wide web's character. This decision against the favourite torrent-based file sharing does not solve the real problem of a cyberpiracy but at least warns copyright infringers that they are under the scrutiny of the society today and cannot hide themselves under the freedom of expression. Of course,copyright works can be shared via torrent files many many times and such a distribution would not fall under any legal exception of any copyright act in the Europe. <br />The decision caused the Pirate Bay's co-founders to move their activities to other countries than Sweden, but also in these other countries - e.g. in Ireland the proceedings were initiated against this type of business activities. However, Internet users are inventive and free to use a lot of other means of files-sharing. The Cyberpiracy remains an unsolved issue but at least has become one of the most discussed issues in Europe.Sonia Surmahttps://www.blogger.com/profile/04533257494710985257noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-64288448089350736412013-03-14T17:02:27.857+00:002013-03-14T17:02:27.857+00:00And what the court ignored was the significant iss...And what the court ignored was the significant issues in the conviction, or that they're accused of not following US laws, in Sweden.<br /><br />And I'll quote <a href="http://www.techdirt.com/articles/20130313/10343422312/rejection-pirate-bay-founders-appeal-sets-dangerous-precedent-liability-free-expression.shtml" rel="nofollow">Mike Masnick</a> here<br /><br /><i>"The court seems heavily influenced by the fact that TPB did not remove torrents when asked to do so, despite no law requiring such actions. Furthermore, that sets a bizarre and dangerous precedent that just because someone "urges" you to remove content from an internet website or service, that you must do so or be held liable for it. <br />The part that troubles me most, however, is that the court more or less completely sidesteps the questions of secondary liability. While it mentions, a few times, that both Sunde and Neij have pointed out that TPB was just the service provider, and any actual infringement was done by users, it never properly addresses this issue, other than to suggest that secondary liability is perfectly reasonable. For those of us who have studied just how important protections for secondary liability are in promoting innovation, this suggests a very dangerous precedent for innovation in Europe.</i><br /><br />Says it all much better than I. Of course, I kinda have a dog in the fight too, as I released my first book <a href="http://thepiratebay.se/torrent/6981856/No_Safe_Harbor_-_A_Pirate_Party_Book" rel="nofollow">on TPB</a> a year ago (ebook free, <a href="http://www.amazon.com/gp/product/1468033999" rel="nofollow">paperback $9.99</a>)K`Tetchhttps://www.blogger.com/profile/12923661185364709506noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-81044082148596086412013-03-14T14:12:38.352+00:002013-03-14T14:12:38.352+00:00Surely for a punishment to be necessary, it also h...Surely for a punishment to be necessary, it also has to be effective?<br /><br />This conviction achieved nothing of any use to the copyright industry. The Pirate Bay is still up and running, not one file has been removed from it and the defendants are now considered martyrs by a significant portion of the file sharing public. I find it hard to follow the court's logic that this punishment was necessary, as it has failed to achieve anything.Andrew Robinsonhttp://www.pirateparty.org.uknoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-30533517535472462502013-03-13T17:25:00.769+00:002013-03-13T17:25:00.769+00:00A better question to ask is what is the media equi...A better question to ask is what is the media equivalent of distributing content via BitTorrent?<br /><br />It's essentially free marketing.Sav Szymurahttp://www.twitter.com/savszymuranoreply@blogger.com