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IRIS 2004-2:1/33 [NO] Decision on Linking to File Sharing Services

The issue was whether a consumer portal on the Internet, ABC Startsiden, contributed to infringement of copyright by publishing links to file-sharing services like KaZaA. The plaintiff was Phonofile, a company organising the licensing of musical works for the Internet. ABC Startsiden is a typical portal, the first page including a categorisation of different services. By selecting the category "MP3", the user was directed to a new page, which included the choice "file sharing". If this was selected, a page was displayed with links to several file-sharing services, including KaZaA. The court states...

IRIS 2003-8:1/39 [NO] New Regulatory Authority

The existing Norwegian regulatory authorities, the Media Ownership Authority - Eigarskapstilsynet, the Mass Media Authority - Statens medieforvaltning and the Norwegian Board of Film Classification - Statens Filmtilsyn, are being combined to form a joint authority (Medietilsynet). Despite the misgivings that have been expressed about the effectiveness and independence of a new authority, the newly formed institution is set to be more capable of meeting the need, thrown up by the development of the electronic media, for the regulation of media content in times of convergence. The authority will...

IRIS 2003-3:1/31 [NO] Norwegian Music Piracy Case: napster.no Fined

On 22 January 2003, Sør-Gubrandsdal tingrett (the Court of Sør-Gudbrandsdal) rendered its decision in the case between the copyright-holder organisations and the owner of the web-site, napster.no. Napster.no was a web-site offering links directly to music that was illegally up-loaded on the Internet. The Court had to address whether this linking was illegal as regards the Norwegian Copyright Act. The Court's point of departure was the exclusive right that the copyright-holder has according to Section 2 of the Norwegian Copyright Act (NCA) to make the copyrighted work available to the public and...

IRIS 2003-2:1/27 [NO] Verdict in DVD Case

A verdict has finally come in the so-called "DVD-case" in Norway. The case concerned the actions of (at the time of the act) a 15-year-old Norwegian, Jon Johansen. He was indicted for having gained unlawful access to movies and player keys contained on region 1-encoded DVD-discs by breaking the DVD protective device, CSS. The question was whether this was a punishable offence in accordance with Section 145(2) of the Norwegian Penal Code. The indictment also included contribution to similar offences by users of his program utility, DeCSS. DeCSS is a software tool that circumvents the CSS protective...

IRIS 2002-8:1/26 [NO] First Ruling on Criminal Liability for ISP

From July 1998 until May 1999, Tele2 made so-called newsgroups available to its subscribers. Some of these newsgroups gave access to explicit sexual films and images involving children, animals, violence, coercion and sadism. This illegal pornography was stored on Tele2's server. Tele2 was therefore charged with infringement of Straffeloven § 204(1)a (the General Penal Codestrl.), which prohibits attempts to disseminate illegal pornographic material. In examining the case, Oslo Tingrett pointed out the following. According to the preparatory works relating to § 204 strl., Internet hosts, access...