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ECHR: Copyright vs. Freedom of Expression II (The Pirate Bay)

Dirk Voorhoof   and  Inger Hoedt-RasmussenECHR Decision of the ECtHR (5th section) of 19 February 2013. Case of Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12.

By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School.

The criminal conviction of the co-founders of The Pirate Bay for infringement of copyright does not violate Article 10 ECHR.

Only a few weeks after the Strasbourg Court’s judgment in the case of Ashby Donald and others v. France (ECtHR 10 January 2013, see our blogs on the KluwerCopyrightBlog and the ECHR-Blog ) the Court has decided a new case of conflicting rights between copyright and freedom of expression.

The case concerned the complaint b [...]

European Copyright Society issues opinion on Svensson hyperlinking case

Bernt-HugenholtzThe European Copyright Society, a group of prominent European scholars, today issued an opinion on the Svensson case (Case C-466/12), which is currently before the European Court of Justice. The case, which was referred to the Court by the Swedish Court of Appeal (Svea hovrätt) on 18 October 2012, raises the important question whether setting a hyperlink to a copyright protected work amounts to ‘communication to the public’ within the meaning of Article 3(1) of the Information Society Directive.

In a detailed, 17-page opinion the European Copyright Society argues that the answer to this question should be a resounding no. According to the Society, “The importance of this particular re [...]

CJEU defends (fundamental) right of civil enforcement against online infringers

“One could say that the CJEU by its decision in the Bonnier-case has “defended” or “safeguarded” the right of civil enforcement by right holders against direct online infringers.”

As with enforcement of rights in the analogue environment, enforcement of copyright online presupposes that the infringer is identified or that an intermediary takes action. However, it can often be difficult to identify the infringer, for example as regards so-called (illegal) file sharers. The only information related to the alleged infringer which is normally known to the right holder is the IP number – related to a specific internet connection (subscription) – used by the alleged infringer at the time [...]

The missionary church of kopimism

It has been brought to attention, by traditional media and by bloggers, that the Missionary Church of Kopimism (pronounced “copy me-ism”) has recently been recognized as a religious organization by Sweden’s Legal, Financial and Administrative Services Agency (Kammarkollegiet). The registration has made Sweden the first country to recognize Kopimism as a religion. According to its website the Church of Kopimism is a religious group centered in Sweden, which believe that copying and the sharing of information are the best and the most beautiful that is. The number of members of the Church is about 3000.

The Church does not directly promote illegal file sharing, focusing instead on the open [...]

Proposal on a new Copyright Act in Sweden

Recently a Committee of inquiry appointed by the Swedish Government proposed a new copyright act to replace the present (Swedish) Act on Copyright in Literary and Artistic Works, which came into force in 1961. The Committee was chaired by Professor Jan Rosén at the Faculty of Law, Stockholm University. According to the proposal the provisions of the 1960 copyright act are transferred to the new copyright act, with editorial and linguistic amendments. No new or amended regulations are proposed; only changes of a linguistic and editorial nature.

According to the proposal the new copyright act will receive a new division of chapters with new section numbering in each chapter, and that the sec [...]

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