Volume IV

Issue : 8: April 20, 2006

• Court Refuses to Exercise Jurisdiction Based on Website
• Swedish Appellate Court Refuses to Hear Case of Individual File Sharing
• Inadequate Protection of Customers Personal Information by U.K. Businesses
• New Canadian Policy Addresses Trans border Data Flows
• Michigan Law Restricting Violent Video Game Sales Overturned
• CRTC Declines to Regulate Mobile TV
• Court Authorizes Internal Revenue Service To Seek Customer Information from PayPal Inc.

Home > Volume IV > Issue 8: April 20, 2006 > Swedish Appellate Court Refuses to Hear Case of Individual File Sharing

Swedish Appellate Court Refuses to Hear Case of Individual File Sharing

A 27 year old man was fined by a Swedish District Court for making a film available to others through a file sharing program. The prosecutor appealed, seeking a more onerous sentence. The Appellate Court refused to hear the appeal.

Reports of the decision reveal a difference of opinion as to its significance. On one hand, commentators say that it really puts an end to the hunt for private file sharers in Sweden. Apparently, the type of sentence available for a given crime determines whether police and prosecutors can request IP addresses from Internet Service Providers. Where the crime is serious enough to warrant a jail sentence, they can obtain such addresses, but not where the sentence is only a fine. By contrast, other commentators point out that this case involved only one film and no commercial interests. Its precedential value is limited since most cases will involve many more films.

For additional information, visit:

www.thelocal.se/article.php?ID=3480&date=20060405