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IRIS 2008-6:1/10 [DK] Restraining Injunction against Internet Service Providers under Danish Law

A pending Danish court case regarding the liability of Internet service providers (ISPs) for illegal content on the Internet has attracted substantial attention in the media, both on a Danish and an international level. The case concerns the Swedish website “The Pirate Bay”, a peer-to-peer service which enables users, provided they have downloaded a specific software application, to generate links to music, films etc. on other websites on the Internet. The Danish branch of the international record company industry IFPI filed for an injunction against the Danish ISP DMT2. IFPI argued that Pirate...

IRIS 2008-2:1/32 [DK] Judgment on Internet Distribution of Music

A Danish pop band “Dodo & the Dodos” won a case concerning a conflict over the right for its record label to distribute music over the Internet without a clear agreement on such distribution. Dodo brought a case against the record label Sony BMG before the Court of First instance because the label had informed music bands of its intention to offer digital downloads to online music stores without a special agreement on the matter with the artists. Before the Court, Dodo alleged that the existing contract did not admit distribution over the Internet; an agreement with every single band specifically...

IRIS 2007-5:1/9 [DK] Implementation of the June 2006 Agreement on Media Policy

In order to implement the Agreement on media policy reached by the governing political parties on 6 June 2006 (see IRIS 2006-8: 13), the Minister of Culture and the Danmarks Radio (DR) broadcaster signed, in January of this year, a Public Service Contract for the period of 1 January 2007 to 31 December 2010. Amendments to the lov om radio- og fjernsynsvirksomhed (Act on Radio and Television Activities) introduced by the Agreement have been adopted by the Amendment Act no. 1569 of 20 December 2006. The key provisions of the Public Service Contract hold that DR must offer a broad selection of public...

IRIS 2006-8:1/35 [DK] The Case Regarding the Danish Muhammad Drawings

On 15 March 2006, the Director of Public Prosecutions (“the Director”) in Denmark decided there was no basis for instituting criminal proceedings against the newspaper Jyllands Posten for publishing the article “The Face of Muhammad”, which included 12 drawings of the Prophet Muhammad. In doing so, the Director upheld the decision made by the Regional Public Prosecutor on 6 January 2006. The article in Jyllands-Posten was published on 30 September 2005 and was advertised on the front page of the newspaper with a short introduction and one of the twelve drawings. The article was entitled "The Face...

IRIS 2006-8:1/19 [DK] Broad Agreement Reached for Future Media Policy

On 6 June 2006, the Government reached an agreement on media policy with the political parties: Socialdemokratiet (the Social Democratic Party), Dansk Folkeparti (The Danish Popular Party), Det Radikale Venstre (The Social Liberal Party) and Socialistisk Folkeparti (The Socialist Popular Party). Radio and TV legislation shall be amended correspondingly during the 2006/2007 parliamentary session. The agreement shall be in force for the period from 6 June 2006 to 31 December 2010. The main features of the agreement are the following: - The Danmarks Radio (DR) channel must offer public service programmes...