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Swedish Publishers Snare eBook Pirate With IPRED Law

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Launched in April to counter P2P file-sharing in Sweden, the IPRED law has claimed its first victim. The Intellectual Property Rights Directive gives content owners the right to request file-sharers’ IP addresses from ISPs, and it has been used successfully by five Swedish publishers, including Bonnier, to uncover the identity of one file-sharer accused of owning 27 unauthorised ebooks. The Solna district court first ordered ePhone to hand over users’ details in June, and on Tuesday its appeal against the decision was thrown out. ePhone must pay SEK 750,000 (£64,500) in damages plus the publishers’ costs.

SEE ALSO: Pirate Bay Launches €5-A-Month Private Network To Protect Users From Lawsuits

ePhone denies any wrongdoing—it claims there is not enough evidence of copyright infringement and that the IPRED law’s obligation to give over customers’ personal details violates article eight of the European Convention of Human Rights, which guarantees the right to privacy. A court document confirms the case, which was pointed out by Pirate Bay chief agitator Peter Sunde.

As IPRED became law, the founders of The Pirate Bay launched a VPN—cheekily titled IPREDator—that promised to protect users’ details for $5 a month. It either didn’t have the desired effect or the Bay didn’t persuade enough users to come on board—this victory will embolden a range of entertainment and software rights holders in Sweden and elsewhere as they look to claw back revenue lost to piracy.

Also, Sunde says on his his blog that a date has finally been set for the founders’ appeal against a criminal conviction for assisting copyright infringement in May. Sunde doesn’t know when it is, plus the Bay is still waiting to hear where the case will be heard. He claims the EU is considering whether the case can be heard at all and that it remains possible it could “absolve us immediately”.

It remains to be seen whether Global Gaming Factory X, the company hoping to secure an improbable and much troubled acquisition of the Bay, will support the founders’ appeal or try to distance itself from them if it does manage to re-launch the site as a legal file-sharing service.

Sep 1, 2009 3:50 PM ET

Pirate Booty 175 Photo: Flickr


Posted In: Legal, Media & Publishing, Books, Technologies / Formats, P2P, Countries, Europe, Sweden

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