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IRIS 2009-10:1/30 European Commission: German “Must-Carry” Case Closed, but Belgium Is Taken to Court

On 8 October 2009, the European Commission decided to close an infringement procedure against Germany relating to European “must-carry” provisions, as set out in the Universal Services Directive. The Directive forms part of the EU’s Telecoms Package, which is currently under revision. Under the Directive, Member States are obliged to ensure a minimum level of availability and affordability of basic services, as well as a basic set of rights for the benefit of European consumers. According to Article 31, proportionate and transparent “must-carry” rules can be set for clearly defined general interest...

IRIS 2009-9:1/28 [SE] Internet Service Provider Ordered to Cease Providing Internet Capacity to The Pirate Bay

The Pirate Bay saga continues. On 21 August 2009, Stockholms tingsrätt (the District Court of Stockholm) issued an order, subject to a conditional fine, enjoining an Internet Service Provider, Black Internet AB, from contributing to the making-available of certain films and music albums to the public by means of supplying Internet capacity to the file-sharing site The Pirate Bay. The court held that Black Internet AB was well aware that users of The Pirate Bay are considered to be engaging in illegal file sharing and that the people behind The Pirate Bay have been found guilty of complicity in...

IRIS 2009-8:1/30 [SE] Head Judge in the Pirate Bay Case Was Not Biased

In the aftermath of the Pirate Bay court decision, the head judge of the Stockholms tingsrätt (the District Court of Stockholm) was accused of conflict of interest in that case (see IRIS 2009-6: 17). Accordingly, a formal complaint was lodged on several grounds by the defendants’ counsel, in which they argued that the District Court of Stockholm should declare a mistrial. Svea Hovrätt (the Svea Court of Appeal) has now delivered its judgment on this issue. The head judge as well as the president of the District Court of Stockholm disputed that there were any conflicts of interests present. The...

IRIS 2009-6:1/29 [SE] The Pirate Bay Case

On 17 April 2009, Stockholms tingsrätt (the District Court of Stockholm) delivered its judgment regarding four people behind the well-known file-sharing site “The Pirate Bay”, hereinafter jointly referred to as the accused. The case concerns the question of criminal liability for acting as an accessory to and for the preparation of a crime against the Copyright Act. The Pirate Bay uses so-called BitTorrent technology, which makes it possible for people to share data files with each other. Through The Pirate Bay it is possible for internet users to upload and store so-called torrent files on The...

IRIS 2009-5:1/34 Nordic Council of Ministers: Agreement with Nordic Film & TV Fund signed

The culture ministers of Denmark, Finland, Iceland, Norway and Sweden (Nordic Council of Ministers) signed a five-year agreement with the Nordic Film & TV Fund on 11 May 2009 in Reykjavik. The aim of the agreement is to strengthen the Nordic region’s competitive position in the global film and television industry. In addition to production itself, the global marketing of Nordic films and talents is to be promoted. The agreement with the Nordic Film & TV Fund will run until the end of 2014 and an annual budget of approx. DKK 70 million will be made available. The agreement involves a total of 17...