Piracy; No you are not a criminal! The Supreme Court of Sweden issued a very important decision for "pirates" who use torrents and not only. After requests prosecutors who were seeking prison terms for infringement of the Copyright Act, 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. But let's see what happened, as he describes it TorrentFreak:
It all started in Swepirate, one torrent sites site that closed at the beginning of 2013. The 50-year-old administrator of the 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 the last resort. However, some crimes are considered to be of such a nature that the sentence must be a prison sentence based on reasons of general prevention, even if the criminal 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 gravity of copyright infringement. This is a welcome development, although rights holders may benefit. "
The judgment of the Court is here as a pdf but it's in Swedish.