Sweden: Piracy does not justify prison sentences

Piracy; No you are not a criminal! Its Supreme Court issued a very important decision for "pirates" who use torrents and not only. After prosecutors seeking prison terms for violating copyright law, the Court ruled that the offense did not warrant imprisonment.

We have seen so many cases in the United States and Europe so far, that offenses related to the illegal distribution of copyright-protected content were imprisoned. piracyBut let's see what happened, as he describes it TorrentFreak:

It all started at Swepirate, a torrent site that closed early in 2013. 50manager of private Tracker was arrested and blamed for piracy, allegedly distributing at least 125 TV shows and films through the website. These included Rocky, Alien and Star Trek.

In the summer of 2015, the Gothenburg Court of Appeal sentenced him to eight months in prison for copyright infringement.

The former webmaster, referred to in the court documents as "BH," felt that his punishment was too harsh, and appealed to the Supreme Court of Sweden.

Prosecutor Hedström also asked the Supreme Court to accept the case by asking for more clarity in the law on such offenses.

The Supreme Court has delivered its ruling, claiming that the violation of intellectual property rights is not an offense justifying a sentence imposing deprivation of liberty.

"Whether a crime should be punished by imprisonment is generally determined by its criminal value," the court said in a statement.

“If the criminal value is less than one year, imprisonment should be a last resort. However, some crimes are considered to be of such a nature that the sentence should be imprisonment based on general grounds s, even if the penal value is less than one year.”

In the Swepirate case, the Swedish Supreme Court found that BH's copyright infringement had a six month criminal law, so there was no presumption of a custodial sentence in accordance with the criminal value of the offense.

This decision by the Supreme Court represents a change in navigation compared to previous case law on sanctions for illegal file sharing.

“The Supreme Court has now aligned its view on the seriousness of intellectual property infringements. This is a welcome , although rights holders may benefit.”

The judgment of the Court is here as a pdf but it's in Swedish.

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Written by giorgos

George still wonders what he's doing here ...

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