Danish Supreme Court Upholds Required Blocking Of The Pirate Bay; Says ISPs Liable For Content

from the something-rotten? dept

While courts in nearby Norway rejected attempts to force ISP Telenor to block The Pirate Bay, the story appears to be quite different in Denmark. There, Telenor (which had been Tele2) was ordered to block The Pirate Bay, followed by a higher court upholding the block. Now, the Danish Supreme Court has weighed in and again insists that it's perfectly fine for courts to demand an ISP totally block a website.

Apparently the ruling hinged on a questionable bit of Danish copyright law that makes an ISP liable for the content sent by users, because "the ISP makes temporary copies of small fragments of the copyrighted work as IP packets pass their routers." Of course, if you read the law that way, that puts tremendous liability on any ISP. It seems wholly unreasonable to interpret the law that way -- and, in fact, some point out that this appears to go against EU law. The article also notes that the questionable clause in Danish copyright law that puts this burden on ISPs was written by a guy who (you guessed it) now works for the recording industry. Funny how that works.

Filed Under: copyright, denmark, eu, internet blocks, liability, the pirate bay
Companies: telenor, the pirate

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  1. identicon
    Ole Husgaard, 5 Jun 2010 @ 8:14am

    Re: Information society directive

    You are absolutely right. The Infosoc directive has not been correctly implemented into danish copyright law.

    The highest ranking civil servant with responsibility for copyright law at the time we implemented Infosoc in Denmark was Peter Sch√łnning. Today he is working for IFPI, and he is head of the IFPI team running the legal proceedings against Telenor.

    And this error in implementing Infosoc, which Peter Sch√łnning is responsible for, is the central legal argument in the court proceedings against Telenor.

    It is a bit scary that Telenor did not even try to argue against IFPI on this point. But of course Telenor is just a random victim here, with no real interest in this. The parties that IFPI is trying to hit with these court proceedings (The Pirate Bay, and the danish internet users) do not even have the right to be heard by the court.

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