Danish Supreme Court Sets High Bar For Evidence In File Sharing Cases
from the good-for-it dept
One of the complaints that many have made concerning various file sharing lawsuits is how rightsholders too often rely on highly questionable or weak evidence. Over in Denmark, where efforts against file sharing by record labels and the IFPI have been aggressive, the Supreme Court has now deemed weak evidence insufficient for such cases. The case involved a guy who was accused of sharing 13,000 tracks. The court eventually decided he should pay $1,900 — significantly less than what the record labels requested. The main reason for the lower dollar amount was the limited quality of the evidence by the “anti-piracy” group Antipiratgruppen:
APG used techniques which scraped the index of the files said to be being made available by the defendant and then linked them back to his IP address, a method which has been acceptable in the past. But while the Court accepted that some sharing had occurred due to the defendant?s confession, it wasn?t satisfied that the index was an accurate representation of the files physically present on the defendant?s computer.
Nice to see some courts recognizing that just having an IP address is not enough evidence on its own.