[governance] Norway court rejects industry bid to block The Pirate Bay, but Italian Court agrees

[Katitza Rodriguez]

>
>
> Norway court rejects industry bid to block The Pirate Bay
> (AFP) – 22 hours ago
> OSLO — A Norwegian court has rejected a record industry appeal  
> against telecoms operator Telenor for refusing to block access to  
> popular file sharing website The Pirate Bay, a plaintiff said  
> Wednesday.
> The Oslo court of appeal said that it is not currently possible,  
> under Norwegian law, for a judge to order an Internet service  
> provider to halt traffic to websites from which illegal downloading  
> happens.
> "In the spirit of the law on intellectual property, Telenor does not  
> contribute to behaviour that is reprehensible or could be subject to  
> awarding compensation" by letting its customers access The Pirate Bay.
> The extract of the court's verdict was published by Tono which is  
> Norway's Performing Rights Society and one of the plaintiffs in the  
> case.
> Tono argues that the European directive on intellectual property  
> "has not been correctly implemented in Norwegian law."
> Before the case was first heard in November last year, Telenor  
> argued that it refused to implement what it called "censorship."
> "You cannot sue a ladder manufacturer because someone used one of  
> his ladders to commit a burglary," Atle Lessum, a spokesman for  
> Telenor, told the newspaper Verdens Gang before the hearing.
> "We therefore reject imposed censorship like this," he added.
> The Norwegian government has announced it would review its  
> intellectual property law in the light of new technologies.
> Founded in 2003, The Pirate Bay makes it possible to skirt copyright  
> fees and share music, film and computer game files using bit torrent  
> technology, or peer-to-peer links offered on the site.
> None of the material can be found on The Pirate Bay server itself.
>
>
>
>
> ----
>
> Music Industry News Network [02-10-2010]
> Italian Court Orders ISPs To Block The Pirate Bay
>
>
> www.mi2n.com
>
> The Court of Bergamo in Italy has again ruled that ISPs should act  
> to prevent their users from accessing The Pirate Bay, the BitTorrent  
> service that facilitates access to a large amount of copyright  
> infringing material.
>
> The court originally ordered ISPs to act in 2008, but that verdict  
> was appealed and overturned. A subsequent ruling by the Italian  
> Supreme Court declared that ISPs could be required to block  
> BitTorrent sites being illegally used to disseminate copyright  
> infringing content, even if they are located outside the country.  
> The Supreme Court ruled that sites hosting torrent files play a  
> significant role in the uploading and downloading process of their  
> users, constituting a form of complicity in the offence of copyright  
> infringement.
>
> The Court of Bergamo heard the case again this week and in light of  
> the Supreme Court's judgment, ruled that all Italian ISPs should  
> block their users' access to The Pirate Bay. The Italian Fiscal  
> Police have notified all the ISPs with the order to block The Pirate  
> Bay.
>
> The case was originally brought before the Court of Bergamo  
> following a criminal complaint by rights holders, represented by  
> FPM, the music industry anti-piracy group. The Pirate Bay illegally  
> facilitates access to many forms of copyright infringing material,  
> including music, films, television programmes and games. The  
> operators of the service, who have criminal convictions in Sweden,  
> openly flout copyright laws while driving advertising revenues  
> through the service.
>
>
> Source: http://www.mi2n.com/press.php3?press_nb=127167
>
>
>

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