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  Tor (profile), Oct 16th, 2009 @ 7:00am

  
  

  Analysis of and thoughts about the decision

  Here's a copy of my comment in the earlier thread motivated by this new ruling:
  "Today Ephone won the appeal since the court didn't feel that it had been proven that anyone else than the Anti-piracy agency had accessed. In short, there can be no "making public" without the public having access.
  
  The decision was not unanimous (3 against 2). One of the judges who supported the overturning of the previous decision was Kristina Boutz who has as of late been accused of bias in the Pirate Bay trial (although I think those allegations have been dismissed by a court now)."
  
  It's also interesting to note that the two judges who opposed this decision used the same argument as the lower court: since the anti-piracy agency showed with their screenshots that there were many files (seemingly pirated judging by their names) on the server there are, because of this, probably also many users who have access to the server. Making the files available to these users counts as making available copyrighted works to the public.
  
  How anyone could think that many files implies many users is beyond me. So although the decision turned out right this time there was considerable disagreement and some really twisted arguments involved.
  
  ePhone had invested a lot of time and energy in their defense which was extremely well-written. Now the audio book companies will need to pay ePhone €20 000 to cover their legal expenses.

   

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  Tor (profile), Oct 17th, 2009 @ 9:25am

  
  

  Update: appeal to supreme court

  Now the audio book companies have appealed to the supreme court, which is normally hesitant to try cases revolving primarily around evaluation of evidence. Whether the appeal will be accepted or not is still an open question.

   

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  www.eZee.se (profile), Oct 17th, 2009 @ 9:55am

  
  

  Its also worth mentioning that the antipiracy people *hacked* into the computer to get at the files which were sitting being a username/password login.

   

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  Tor (profile), Oct 19th, 2009 @ 12:22am

  
  

  Re:

  I don't think that has been established, although it depends on what you mean by "hacked". I find it more likely that they gained access by exerting some kind of pressure on someone who had access to the server (or by paying him off). However, either way it's criminal to use login credentials that you are not supposed to have access to (just like you cannot enter someone else's house if you find the hiding place of the key).

   

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