Tag Archives: telia

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.

ISPs Win Landmark Case to Protect Privacy of Alleged Pirates

Post Syndicated from Andy original https://torrentfreak.com/isps-win-landmark-case-protect-privacy-alleged-pirates-180508/

With waves of piracy settlement letters being sent out across the world, the last line of defense for many accused Internet users has been their ISPs.

In a number of regions, notably the United States, Europe, and the UK, most ISPs have given up the fight, handing subscriber details over to copyright trolls with a minimum of resistance. However, there are companies out there prepared to stand up for their customers’ rights, if eventually.

Over in Denmark, Telenor grew tired of tens of thousands of requests for subscriber details filed by a local law firm on behalf of international copyright troll groups. It previously complied with demands to hand over the details of individuals behind 22,000 IP addresses, around 11% of the 200,000 total handled by ISPs in Denmark. But with no end in sight, the ISP dug in its heels.

“We think there is a fundamental legal problem because the courts do not really decide what is most important: the legal security of the public or the law firms’ commercial interests,” Telenor’s Legal Director Mette Eistrøm Krüger said last year.

Assisted by rival ISP Telia, Telenor subsequently began preparing a case to protect the interests of their customers, refusing in the meantime to comply with disclosure requests in copyright cases. But last October, the District Court ruled against the telecoms companies, ordering them to provide identities to the copyright trolls.

Undeterred, the companies took their case to the Østre Landsret, one of Denmark’s two High Courts. Yesterday their determination paid off with a resounding victory for the ISPs and security for the individuals behind approximately 4,000 IP addresses targeted by Copyright Collection Ltd via law firm Njord Law.

“In its order based on telecommunications legislation, the Court has weighed subscribers’ rights to confidentiality of information regarding their use of the Internet against the interests of rightsholders to obtain information for the purpose of prosecuting claims against the subscribers,” the Court said in a statement.

Noting that the case raised important questions of European Union law and the European Convention on Human Rights, the High Court said that after due consideration it would overrule the decision of the District Court. The rights of the copyright holders do not trump the individuals right to privacy, it said.

“The telecommunications companies are therefore not required to disclose the names and addresses of their subscribers,” the Court ruled.

Telenor welcomed the decision, noting that it had received countless requests from law firms to disclose the identities of thousands of subscribers but had declined to hand them over, a decision that has now been endorsed by the High Court.

“This is an important victory for our right to protect our customers’ data,” said Telenor Denmark’s Legal Director, Mette Eistrøm Krüger.

“At Telenor we protect our customers’ data and trust – therefore it has been our conviction that we cannot be forced into almost automatically submitting personal data on our customers simply to support some private actors who are driven by commercial interests.”

Noting that it’s been putting up a fight since 2016 against handing over customers’ data for purposes other than investigating serious crime, Telenor said that the clarity provided by the decision is most welcome.

“We and other Danish telecom companies are required to log customer data for the police to fight serious crime and terrorism – but the legislation has just been insufficient in relation to the use of logged data,” Krüger said.

“Therefore I am pleased that with this judgment the High Court has stated that customers’ legal certainty is most important in these cases.”

The decision was also welcomed by Telia Denmark, with Legal Director Lasse Andersen describing the company as being “really really happy” with “a big win.”

“It is a victory for our customers and for all telecom companies’ customers,” Andersen said.

“They can now feel confident that the data that we collect about them cannot be disclosed for purposes other than the terms under which they are collected as determined by the jurisdiction.

“Therefore, anyone and everybody cannot claim our data. We are pleased that throughout the process we have determined that we will not hand over our data to anyone other than the police with a court order,” Andersen added.

But as the ISPs celebrate, the opposite is true for Njord Law and its copyright troll partners.

“It is a sad message to the Danish film and television industry that the possibilities for self-investigating illegal file sharing are complicated and that the work must be left to the police’s scarce resources,” said Jeppe Brogaard Clausen of Njord Law.

While the ISPs finally stood up for users in these cases, Telenor in particular wishes to emphasize that supporting the activities of pirates is not its aim. The company says it does not support illegal file-sharing “in any way” and is actively working with anti-piracy outfit Rights Alliance to prevent unauthorized downloading of movies and other content.

The full decision of the Østre Landsret can be found here (Danish, pdf)

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

Generating Copyright Headers from git History

Post Syndicated from Lennart Poettering original http://0pointer.net/blog/projects/copyright.html

Here’s a little a little tool I
wrote
that automatically generates copyright headers for source files in a
git repository based on the git history.

Run it like this:

~/projects/pulseaudio$ copyright.py src/pulsecore/sink.c src/pulsecore/core-util.c

And it will give you this:

File: src/pulsecore/sink.c
	Copyright 2004, 2006-2009 Lennart Poettering
	Copyright 2006-2007 Pierre Ossman
	Copyright 2008-2009 Marc-Andre Lureau
File: src/pulsecore/core-util.c
	Copyright 2004, 2006-2009 Lennart Poettering
	Copyright 2006-2007 Pierre Ossman
	Copyright 2008 Stelian Ionescu
	Copyright 2009 Jared D. McNeill
	Copyright 2009 Marc-Andre Lureau

This little script could use love from a friendly soul to make it crawl entire source trees and patch in appropriate copyright headers. Anyone up for it?