Posted by Ernesto 188.8.131.52 December 11, 2008 at 09:23:30:
Privacy? Hah! posted by Mark Gibbs 184.108.40.206 June 27, 2008 at 12:55:30:
Original text: Last week I discussed how debt collectors operate, how much data they have access to and just how exposed our personal information is. Unfortunately this is very much an IT issue ..
Earlier this year a Danish court ordered the ISP ‘Tele2′ to block its customers from accessing The Pirate Bay http://thepiratebay.org/ . The appeal of this initial ruling was lost two weeks ago, but the case is far from over. Tele2 has decided to appeal the decision before the Supreme Court, supported by Denmark’s telecommunications industry association.
pirate bayThe case in question is a unique one that has already generated a heated debate on the liabilities of Internet service providers. According to the court’s decision, Tele2 was infringing copyright on a grand scale, because users were transferring pirated material, copied (like all traffic) via the ISP’s routers.
Consequently the court ruled that access to The Pirate Bay had to be blocked. Tele2 appealed this decision, but lost again two weeks ago.
The court case was initiated by the IFPI - the infamous anti-piracy organization that represents the recording industry. The IFPI later tried to use the “landmark decision” to force Swedish ISPs to do the same, but failed. In fact, it seems that filtering traffic to The Pirate Bay is actually illegal according to European law.
The fight is not over yet though. Since this case could have huge implications for other ISPs and websites, Tele2 has announced that it will take it all the way to the Supreme Court. Fortunately for them, they won’t be alone either. They are backed by the telecommunications industry association. Jens Ottosen, president of the association told Computerworld that, if this decision is upheld, Danish ISPs might be forced to block other sites as well.
In a response, Pirate Bay co-founder Peter Sunde told TorrentFreak: “We’re confident that Tele2 will win in the Supreme Court, when they [the court] really dig into the technology and try to understand the whole concept. It’s important for net neutrality and it’s also important for file sharers in Denmark to have this tried (and won).”
When the appeal is successful, The Pirate Bay will claim damages from IFPI. “I hope that they [Tele2] win so we can demand retribution from IFPI.” Peter said. “As I’ve stated earlier we would like them to have to pay damages to us. In that case we would help set up a fund for Danish aspiring musicians that in turn would release music using a Creative Commons license.”
The Supreme Court still has to accept the appeal before the case can go on. Despite the outcome, blocking The Pirate Bay didn’t have the effect that the IFPI was hoping for. On the contrary, traffic from Denmark went up, instead of down. However, this case is about more than just The Pirate Bay, it is about censoring the Internet.