IFPI Gives Up Trying To Force ISP to Block The Pirate Bay
IFPI Gives Up Trying To Force ISP to Block The Pirate Bay
March 13, 2010
" Following two unsuccessful attempts at forcing ISP Telenor to block The Pirate Bay in Norway, the IFPI and performing rights outfit TONO have abandoned their legal action. The case will not now head to the Supreme Court but instead the entertainment groups will pin their hopes on new legislation.
n March 2009 the IFPI and several local movie studios began threatening Telenor, Norway’s largest ISP. Block your customers from accessing The Pirate Bay, they demanded, or we will take legal action and get the courts to force you.
Telenor refused to comply and was taken to court. In November 2009 the verdict was handed down – the courts decided that the ISP had no obligation to block the world’s most infamous torrent site.
The IFPI wasn’t about to give in so easily, with their lawyer Marte Thorsby insisting the court had ruled incorrectly. Music performing rights outfit, TONO, confirmed the case would go to an appeal.
In early February the Borgarting Court of Appeal announced that the appeal had been rejected as there was no basis under Norwegian law for the claim. IFPI and TONO said they would consider their options, i.e make a decision as to whether or not they would take the case to the Supreme Court.
Yesterday, in a surprise announcement – it’s not like the entertainment industries to give in so easily – IFPI and TONO said they will not take their appeal to Norway’s highest court.
“We wanted to get a legal clarification on whether under Norwegian law it is possible to order ISPs to block access to The Pirate Bay,” said TONO in a statement. “Now we have two clear decisions that there is no legal authority under Norwegian law for such blocking requirements.”
Following the November ruling, TONO said that it was possible that the authorities had not implemented the EU Copyright Directive properly in 2005, a line they continue to stand by.
“We interpret both [court] decisions as suggesting that questions have been raised about whether the EU Copyright Directive was adequately implemented in Norwegian law,” TONO added.
Marte Thorsby of the IFPI said that continuing with legal action would be a waste of time and money, and joined TONO in their calls for clearer legislation.
“The Court of Appeal wrote in its ruling that the limits of complicit liability are unclear, and we expect that the ongoing revision of the Copyright Act will close this legal ‘hole’,” said Thorsby. "
:source: Source: IFPI Gives Up Trying To Force ISP to Block The Pirate Bay:view: Homepage: TorrentFreak
Re: IFPI Gives Up Trying To Force ISP to Block The Pirate Bay
Quote:
“We wanted to get a legal clarification on whether under Norwegian law it is possible to order ISPs to block access to The Pirate Bay,” said TONO in a statement. “Now we have two clear decisions that there is no legal authority under Norwegian law for such blocking requirements.”
this guy has got to be the dumbest lawyer ever. you think maybe he should have known that before he went to court?
Re: IFPI Gives Up Trying To Force ISP to Block The Pirate Bay
There is underlying stories to this one and when explained it makes sense.
The Culture minister in Norway is putting together a group to look at what can be done with illegal filesharing where the content industry will be heavily involved. That means that the content lobbies can't risk a final saying in the highest court of the land because that would severely damage their say in this new group. Now the question is why this is beeing done now when the question have been up for public debate for years?
I don't trust the woman that runs the department but it is going to be interesting to see what measures they will recommend. The sense of privacy is strong in this country.
Re: IFPI Gives Up Trying To Force ISP to Block The Pirate Bay
when will these people give up? Never
when will these people give up? Never:angry:
