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. icon
    Svante Jorgensen (profile), 28 May 2010 @ 2:47am


    I live in Denmark, and I'm very disappointed with the ruling. The only positive thing to say about it is that the court is technically illiterate enough to accept a DNS redirect as a block. So if we use the direct IP, OpenDNS or any other DNS than our ISPs default, then we get around the ban.
    But I don't know if I should laugh or cry about that.

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