Swedish Appeals Court Increases File Sharing Fine By A Factor Of Six

from the this-isn't-helping dept

Earlier this year, we wrote about a guy who was found guilty of file sharing 44 songs in Sweden, but after the court realized that the actual "harm" done by the guy was minimal, he was fined about 2,000 kronor, a total of about $300 -- or approximately $7 per song. If you think that there needs to be some punishment for file sharing, then this at least seems reasonably in line and proportional to the offense. Of course, Swedish prosecutors appealed and not only sought to increase the fines, but also asked for jailtime for the guy. Talk about disproportionate punishment! Thankfully, the court turned down the jail time request, but it did increase the fine more than six times to 13,000 kronor or about $2,000. This is, still, a lot less than similar cases in the US, but it still seems way out of line for any "harm" done.

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  1. identicon
    Anonymous Coward, 26 Jul 2011 @ 8:19am

    Re: Re:

    I agree that fines must be more than the retail cost in order to act as a deterrent, but when there is no legitimate commercial infringement (ie the infringer did not pirate material in order to sell it at a personal profit, and i think the proof here has to be a high bar, not simply 'Internet Banner Ad revenue'), then the fines must also be reasonable. The fines should act as a deterrent, but also not be so high that they are then leveraged as a litigation business model.

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