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Dr. Strangelaw or: How Portugal Learned to Stop Worrying and Love P2P

On January 5, 2011, representatives of ACAPOR (a Portuguese association representing commercial retailers of cultural and entertainment works), wearing t-shirts with the slogans “piracy is illegal” and “1000 complaints per month”, filed a petition with the Prosecutor General’s Office (“PGO”) giving notice of the practice of 1000 acts of alleged usurpation of authors’ rights via peer-to-peer (“p2p”) networks by unknown individuals. Said petition was supplemented in April 2011, with notice of a further 1.000 acts.

Following an Opinion by the PGO (“PGO Opinion”), the Department of Investigation and Penal Action (“DIAP”) of Lisbon decided not to file any criminal char [...]

Finland: Finreactor I & II (Supreme Court), 30 June 2010

Logo FinreactorFinland: Finreactor I, Supreme Court (Korkein oikeus), 30 June 2010.

Filesharing: The defendants were administrators of the Finreactor BitTorrent file sharing network. The networks’ users could illegally download copyrighted works. The network was built so that the files were not available on the Finreactor’s site but resided on users’ own computers. Finreactor had a tracker that kept track of which user had which files available for downloading.The administrators had removed torrent-links, given warnings and banned users from the site. The administrators were not aware of the content of individual files.The court held that the administrators’ criminal liability was not limited by the techni [...]

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