NIPC Law

Fredrik Neij and Peter Sunde Kolmisoppi founded one of the world's largest file sharing sites known as The Pirate Bay . They were prosecuted for offences under the Swedish copyright act ( Upphovsrättslagen , 1960:729)  and in the same process sued by various record companies and other copyright owners for copyright infringement in the Stockholm district cour t ( Tingsrätt ). After a hearing that lasted from the 16 Feb until 3 March 2009 they were found guilty of the charges and sentenced to a year's imprisonment on 17 April 2009. They were also ordered to pay damages of SEK30 million to the copyright owners. They appealed to the Swedish court of appeal ( ( Svea hovrätt ) which upheld their convictions but reduced their sentences and increased the damages award on 26 Nov 2010. They applied for permission to appeal to the Swedish supreme court ( Högsta domstolen ) but that court rejected their application on 1 Feb 2012. On 20 June 2012 Mr. Neij and Mr. Kolmisoppi complaine...

After disappointments with Scarlet  and Netlog , the withdrawal of SOPA and PIPA and Her Majesty's Government's acceptance of the Hargreaves Report , Big Copyright had something to cheer about.  In  Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others [2012] EWHC 268 (Ch) (20 Feb 2012) Mr. Justice Arnold concluded that both users and operators of The Pirate Bay ( "TPB" ) infringe the copyrights of the claimant record companies in the UK. TPB weren't there, of course.   As the judge noted at paragraph [12] of his judgment, one of the founders of TPB was believed to be in Cambodia but the others have scattered to the four winds. All attempts to serve them with Swedish proceedings have come to nought. Not surprising as they have all been convicted of offences there. Not only were TPB missing from Dramatico but so too were the internet service providers ("ISPs") against whom orders under s.97A of the Copyright, Designs and P...