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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...

IRIS 2002-6:1/26 [NO] First Conviction for Dissemination of Racist Material over Internet

On 22 April 2002 Asker og Bærum Tingrett (Asker and Bærum District Court - a court of first instance) became the first Norwegian court to convict a person (hereinafter referred to as "T.") to unconditional imprisonment (30 days) for having disseminated racist material among the public using the Internet and printed media. Fifty-nine year-old T. is one of the leading figures in an organisation called Vigrid. This organisation believes in racial superiority and has declared the Jewish people to be its archenemy. On the organisation's website and in its monthly magazine, Vigrid has expressed its...

IRIS 2002-3:1/18 [NO] Determination of Jurisdiction for Defamatory Statements in TV Broadcasting

A broadcasting company, Sveriges Television AB, domiciled in Sweden, broadcast from Sweden on Swedish television a documentary produced by a journalist who was also domiciled in Sweden. The documentary was made with the intention of showing the restrictions on freedom of speech in Norway. The documentary contained accusations about Norwegian seal hunters violating Norwegian hunting regulations. The documentary was to a great extent based on a Norwegian film, which a Norwegian court had prevented from being shown to the public. The programme was broadcast twice and could be received by 630,000 people...