Tag Archives: Bredbandsbolaget

Legal Blackmail: Zero Cases Brought Against Alleged Pirates in Sweden

Post Syndicated from Andy original https://torrentfreak.com/legal-blackmail-zero-cases-brought-against-alleged-pirates-in-sweden-180525/

While several countries in Europe have wilted under sustained pressure from copyright trolls for more than ten years, Sweden managed to avoid their controversial attacks until fairly recently.

With Germany a decade-old pit of misery, with many hundreds of thousands of letters – by now probably millions – sent out to Internet users demanding cash, Sweden avoided the ranks of its European partners until two years ago

In September 2016 it was revealed that an organization calling itself Spridningskollen (Distribution Check) headed up by law firm Gothia Law, would begin targeting the public.

Its spokesperson described its letters as “speeding tickets” for pirates, in that they would only target the guilty. But there was a huge backlash and just a couple of months later Spridningskollen headed for the hills, without a single collection letter being sent out.

That was the calm before the storm.

In February 2017, Danish law firm Njord Law was found to be at the center of a new troll operation targeting the subscribers of several ISPs, including Telia, Tele2 and Bredbandsbolaget. Court documents revealed that thousands of IP addresses had been harvested by the law firm’s partners who were determined to link them with real-life people.

Indeed, in a single batch, Njord Law was granted permission from the court to obtain the identities of citizens behind 25,000 IP addresses, from whom it hoped to obtain cash settlements of around US$550. But it didn’t stop there.

Time and again the trolls headed back to court in an effort to reach more people although until now the true scale of their operations has been open to question. However, a new investigation carried out by SVT has revealed that the promised copyright troll invasion of Sweden is well underway with a huge level of momentum.

Data collated by the publication reveals that since 2017, the personal details behind more than 50,000 IP addresses have been handed over by Swedish Internet service providers to law firms representing copyright trolls and their partners. By the end of this year, Njord Law alone will have sent out 35,000 letters to Swede’s whose IP addresses have been flagged as allegedly infringing copyright.

Even if one is extremely conservative with the figures, the levels of cash involved are significant. Taking a settlement amount of just $300 per letter, very quickly the copyright trolls are looking at $15,000,000 in revenues. On the perimeter, assuming $550 will make a supposed lawsuit go away, we’re looking at a potential $27,500,000 in takings.

But of course, this dragnet approach doesn’t have the desired effect on all recipients.

In 2017, Njord Law said that only 60% of its letters received any kind of response, meaning that even fewer would be settling with the company. So what happens when the public ignores the threatening letters?

“Yes, we will [go to court],” said lawyer Jeppe Brogaard Clausen last year.

“We wish to resolve matters as much as possible through education and dialogue without the assistance of the court though. It is very expensive both for the rights holders and for plaintiffs if we go to court.”

But despite the tough-talking, SVT’s investigation has turned up an interesting fact. The nuclear option, of taking people to court and winning a case when they refuse to pay, has never happened.

After trawling records held by the Patent and Market Court and all those held by the District Courts dating back five years, SVT did not find a single case of a troll taking a citizen to court and winning a case. Furthermore, no law firm contacted by the publication could show that such a thing had happened.

“In Sweden, we have not yet taken someone to court, but we are planning to file for the right in 2018,” Emelie Svensson, lawyer at Njord Law, told SVT.

While a case may yet reach the courts, when it does it is guaranteed to be a cut-and-dried one. Letter recipients can often say things to damage their case, even when they’re only getting a letter due to their name being on the Internet bill. These are the people who find themselves under the most pressure to pay, whether they’re guilty or not.

“There is a risk of what is known in English as ‘legal blackmailing’,” says Mårten Schultz, professor of civil law at Stockholm University.

“With [the copyright holders’] legal and economic muscles, small citizens are scared into paying claims that they do not legally have to pay.”

It’s a position shared by Marianne Levine, Professor of Intellectual Property Law at Stockholm University.

“One can only show that an IP address appears in some context, but there is no point in the evidence. Namely, that it is the subscriber who also downloaded illegitimate material,” she told SVT.

Njord Law, on the other hand, sees things differently.

“In Sweden, we have no legal case saying that you are not responsible for your IP address,” Emelie Svensson says.

Whether Njord Law will carry through with its threats will remain to be seen but there can be little doubt that while significant numbers of people keep paying up, this practice will continue and escalate. The trolls have come too far to give up now.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

ISP Telenor Will Block The Pirate Bay in Sweden Without a Shot Fired

Post Syndicated from Andy original https://torrentfreak.com/isp-telenor-will-block-the-pirate-bay-in-sweden-without-a-shot-fired-180520/

Back in 2014, Universal Music, Sony Music, Warner Music, Nordisk Film and the Swedish Film Industry filed a lawsuit against Bredbandsbolaget, one of Sweden’s largest ISPs.

The copyright holders asked the Stockholm District Court to order the ISP to block The Pirate Bay and streaming site Swefilmer, claiming that the provider knowingly facilitated access to the pirate platforms and assisted their pirating users.

Soon after the ISP fought back, refusing to block the sites in a determined response to the Court.

“Bredbandsbolaget’s role is to provide its subscribers with access to the Internet, thereby contributing to the free flow of information and the ability for people to reach each other and communicate,” the company said in a statement.

“Bredbandsbolaget does not block content or services based on individual organizations’ requests. There is no legal obligation for operators to block either The Pirate Bay or Swefilmer.”

In February 2015 the parties met in court, with Bredbandsbolaget arguing in favor of the “important principle” that ISPs should not be held responsible for content exchanged over the Internet, in the same way the postal service isn’t responsible for the contents of an envelope.

But with TV companies SVT, TV4 Group, MTG TV, SBS Discovery and C More teaming up with the IFPI alongside Paramount, Disney, Warner and Sony in the case, Bredbandsbolaget would need to pull out all the stops to obtain victory. The company worked hard and initially the news was good.

In November 2015, the Stockholm District Court decided that the copyright holders could not force Bredbandsbolaget to block the pirate sites, ruling that the ISP’s operations did not amount to participation in the copyright infringement offenses carried out by some of its ‘pirate’ subscribers.

However, the case subsequently went to appeal, with the brand new Patent and Market Court of Appeal hearing arguments. In February 2017 it handed down its decision, which overruled the earlier ruling of the District Court and ordered Bredbandsbolaget to implement “technical measures” to prevent its customers accessing the ‘pirate’ sites through a number of domain names and URLs.

With nowhere left to go, Bredbandsbolaget and owner Telenor were left hanging onto their original statement which vehemently opposed site-blocking.

“It is a dangerous path to go down, which forces Internet providers to monitor and evaluate content on the Internet and block websites with illegal content in order to avoid becoming accomplices,” they said.

In March 2017, Bredbandsbolaget blocked The Pirate Bay but said it would not give up the fight.

“We are now forced to contest any future blocking demands. It is the only way for us and other Internet operators to ensure that private players should not have the last word regarding the content that should be accessible on the Internet,” Bredbandsbolaget said.

While it’s not clear whether any additional blocking demands have been filed with the ISP, this week an announcement by Bredbandsbolaget parent company Telenor revealed an unexpected knock-on effect. Seemingly without a single shot being fired, The Pirate Bay will now be blocked by Telenor too.

The background lies in Telenor’s acquisition of Bredbandsbolaget back in 2005. Until this week the companies operated under separate brands but will now merge into one entity.

“Telenor Sweden and Bredbandsbolaget today take the final step on their joint trip and become the same company with the same name. As a result, Telenor becomes a comprehensive provider of broadband, TV and mobile communications,” the company said in a statement this week.

“Telenor Sweden and Bredbandsbolaget have shared both logo and organization for the last 13 years. Today, we take the last step in the relationship and consolidate the companies under the same name.”

Up until this final merger, 600,000 Bredbandsbolaget broadband customers were denied access to The Pirate Bay. Now it appears that Telenor’s 700,000 fiber and broadband customers will be affected too. The new single-brand company says it has decided to block the notorious torrent site across its entire network.

“We have not discontinued Bredbandsbolaget, but we have merged Telenor and Bredbandsbolaget and become one,” the company said.

“When we share the same network, The Pirate Bay is blocked by both Telenor and Bredbandsbolaget and there is nothing we plan to change in the future.”

TorrentFreak contacted the PR departments of both Telenor and Bredbandsbolaget requesting information on why a court order aimed at only the latter’s customers would now affect those of the former too, more than doubling the blockade’s reach. Neither company responded which leaves only speculation as to its motives.

On the one hand, the decision to voluntarily implement an expanded blockade could perhaps be viewed as a little unusual given how much time, effort and money has been invested in fighting web-blockades in Sweden.

On the other, the merger of the companies may present legal difficulties as far as the court order goes and it could certainly cause friction among the customer base of Telenor if some customers could access TPB, and others could not.

In any event, the legal basis for web-blocking on copyright infringement grounds was firmly established last year at the EU level, which means that Telenor would lose any future legal battle, should it decide to dig in its heels. On that basis alone, the decision to block all customers probably makes perfect commercial sense.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

Yet More Copyright Trolls Invade Sweden Demanding Much More Money

Post Syndicated from Andy original https://torrentfreak.com/yet-more-copyright-trolls-invade-sweden-demanding-much-more-money-171221/

Back in 2016, so-called copyright-trolling landed in Sweden for the first time via an organization calling itself Spridningskollen (Distribution Check). Within months, however, it was all over, with the operation heading for the hills after much negative publicity.

February this year, another wave of trolling hit the country, with Danish law firm Njord Law targeting the subscribers of several ISPs, including Telia, Tele2 and Bredbandsbolaget. Thousands of IP addresses had been harvested by its media company partners, potentially linking to thousands of subscribers.

“We have sent out a few thousand letters, but we have been given the right to obtain information behind many more IP addresses that we are waiting to receive from the telecom operators. So there are more,” lawyer Jeppe Brogaard Clausen said in October.

But while Internet users in Sweden wait for news of how this campaign is progressing, multiple new threats are appearing on the horizon. Swedish publication Breakit reports that several additional law firms in Sweden are also getting in on the action with one, Innerstans Advokatbyrå, already sending out demands to alleged file-sharers.

“By downloading and uploading the movie without permission from the copyright holder, you have committed a copyright infringement,” its letter warns.

“However, the rightsholder wishes to propose a conciliation solution consisting of paying a flat rate of 7,000 kronor [$831] in one payment for all of the copyright infringements in question.”

The demand for 7,000 kronor is significantly more than 4,500 kronor ($535) demanded by Njord Law but Innerstans Advokatbyrå warns that this amount will only be the beginning, should an alleged pirate fail to pay up and the case goes to court.

“If this happens, the amount will not be limited to 7,000 kronor but will compensate for the damage suffered and will include compensation for investigative costs, application fees and attorney fees,” the company warns.

Breakit spoke with Alex Block at Innerstans Advokatbyrå who wouldn’t reveal how many letters had been sent out. However, he did indicate that while damages amounts will be decided by the court, a license for a shared film can cost 80,000 kronor ($12,800).

“This will last for a long time, and to a large extent,” he said.

Of course, we’ve reported on plenty of these campaigns before and their representatives all state that people will be taken to court if they don’t pay. This one is no different, with Block assuring the public that if they don’t pay, court will follow. The credibility of the campaign is at stake, he notes.

“It’s our intention [to go to court], even if we prefer to avoid it. We must make reality of our requirements, otherwise it will not work,” he says.

Breakit says it has seen a copy of one letter from the lawfirm, which reveals a collaboration between US film company Mile High Distribution Inc. and Mircom International Content Management & Consulting Ltd.

Mircom is extremely well known in trolling circles having conducted campaigns in several areas of the EU. German outfit Media Protector is also involved, having tracked the IP addresses of the alleged pirates. This company also has years of experience working with copyright trolls.

With several other law firms apparently getting in on the action, Swedish authorities need to ensure that the country doesn’t become another Germany where trolls have run rampant for a number of years, causing misery for thousands.

While that help may not necessarily be forthcoming, it’s perhaps a little surprising that given Sweden’s proud and recent history of piracy activism, there appear to be very few signs of a visible and organized pushback from the masses. That will certainly please the trolls, who tend to thrive when unchallenged.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Copyright Trolls Hit Thousands of Swedish ‘Pirates’ With $550 ‘Fines’

Post Syndicated from Andy original https://torrentfreak.com/copyright-trolls-hit-thousands-of-swedish-pirates-with-550-fines-171023/

In 2016, mass ‘copyright-trolling’ hit Sweden for the first time. An organization calling itself Spridningskollen (Distribution Check) claimed its new initiative would save the entertainment industries and educate the masses.

Following a huge backlash, however, the operation shut up shop and retreated, tail between its legs. But for those who expected the trolls to disappear altogether, bad news was just around the corner.

In February 2017, Danish law firm Njord Law was found to be at the helm of a new troll operation targeting the subscribers of several ISPs, including Telia, Tele2 and Bredbandsbolaget. Some 42-pages of court documents revealed that thousands of IP addresses had been harvested, potentially linking to thousands of subscribers.

After receiving permission from the courts to obtain the personal details of alleged pirates, things went a little quiet. However, according to local news outlet IDG, the floodgates have now been opened, with several thousand ISP subscribers receiving cash demands from Njord Law in recent weeks.

“We have sent out a few thousand letters, but we have been given the right to obtain information behind many more IP addresses that we are waiting to receive from the telecom operators. So there are more, ” lawyer Jeppe Brogaard Clausen told the publication.

Indeed, an indication of the scale of the operation can be found in the order obtained to target customers of ISP Telia. In that batch alone the court granted permission for Njord Law to obtain the identities behind 25,000 IP addresses.

Earlier this year, Clausen said that after identifying the subscribers he wanted to “enter into non-aggressive dialogue” with them. As we predicted, this apparently friendly introduction would simply lead to inevitable demands for cash.

“Have you, or other people with access to the aforementioned IP address, such as children living at home, viewed or tried to watch [a pirate movie] at the specified time?” Njord Law now writes in its letters to alleged pirates.

“If so, the case can be terminated by paying 4,500 SEK [$550].”

According to IDG, lots of movies are involved, both from local and international distributors. Earlier this year, CELL, IT, London Has Fallen, Mechanic: Resurrection, Criminal and September of Shiraz were named as possible titles.

The inclusion of these titles come as no surprise since several have turned up in similar trolling cases all over Europe and the United States. In common with schemes elsewhere, BitTorrent tracking was carried out by MaverickEye, a German-based company that is part of the notorious Guardaley trolling operation.

Like most ‘trolling’ cases, figures on how many people are paying up in Sweden are hard to come by. Clausen won’t say how many have parted with cash, but the lawyer says that 60% of the letters have elicited some kind of response. In previous similar projects in the UK, around a fifth of targets paid some sort of settlement, with no contested cases reaching the courts.

Njord Law insists, however, that those who don’t pay in Sweden may have to face the legal system.

“Yes, we will [go to court],” says Clausen. “We wish to resolve matters as much as possible through education and dialogue without the assistance of the court though. It is very expensive both for the rights holders and for plaintiffs if we go to court.”

While it’s impossible to predict how these cases will go, the usual tactic is to attack the low-hanging fruit first. People who admit some form of guilt can expect the most pressure while those who deny the allegations flat out (subscribers aren’t necessarily infringers) are likely to be placed in a file to be dealt with last, if at all.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.