@46 Zaphod
“Uhhh, this has a very chilling effect…

What about private parties that have, and use anti-anti-p2p blocklists for use with peer guardian (or firewall rules) on their computers?

Does this make it illegal to have IP data for private use?”

NOT in the least,how could it if you follow the ruling it cleary involved the USE of personal data.

the question you need to ask is “how do you equate personal data to a website IP” ?

you dont and cant is the answer, Now it may be that there are web sites (in the darknets of the comercial sector for profit businesses) that are collecting the IP addresses of peoples personal IPs and that would be covered by the data protection acts of the EU countrys OC, but not the other way around.

there is after all no “business data protection act” legislation, as they are not people, only people inside them hiding behind the corporate paper, that make their choices to spy, wiretap, collect and process your personal data for commercial profit etc.

What about private parties that have, and use anti-anti-p2p blocklists for use with peer guardian (or firewall rules) on their computers?

Does this make it illegal to have IP data for private use?

Don’t you mean Pirate Pontén?

Even if that was the case it won’t help Antipiratbyrån. Swedish ISP’s are not government agencies and the law also applies to them so they are not supposed to have the information MAFIAA wants.
Several Swedish ISP’s are flat out refusing to store any traffic-information as they say the Personal Data Act specifically prohibits them from doing so without a court-order .

?Copying others works is NOT a natural right. According to his own definition of “rights”, our ownConstitution would say that you can copy other people’s things, which couldn’t be further from the truth. The Berne convention (something which probably 2% of pirate are probabalyaware of) established that holding the EXCLUSIVE rights over a creative work is right and over 170 countries are bound by it.

Hence copyRIGHT. It’s in the name.

?Almost every creative work is automatically protected by copyright. It doesn’t have to be granted, which suggests, that contrary to his subjective ranting, that copyright is right, not a privilege that must be granted.

?The judge won’t care if you tell them that copyright is a “privelage” not a “right.” Its just semantics.

?Bottom line he seems to be trying to skirt around is that copyright is part of the law and if you break it, you will be stuck with the consequences.

If you are not just an industry paid troll i would like to see your take on the arguments made on this site http://www.digitalproductions.co.uk/index.php?id=171

as he does a much better job of explaining what i think than i can, maybe you might learn something ;)

AHAHAHAAHAHA!!

The Pirate Bay is like the mafia? The PIRATE BAY is like the mafia?

Ah hah. Let me just say I stand here in awe as I eagerly await more nuggets of wisdom from you. Such as “the ocean is dry” and “the sun is cold”.

“Grow a pair, sweden.”

They did. Have you seen the parliamentry election results? Swedes stood up and said NO to Hollywood.

Antipiratbyrå will soon follow, now we just need to make storing of IP addresses illegal in the US.

neostyle did you forget all the US copyright infringments that have been made for the minor 300+ years your USA has existed against the likes of the Uk and the many EU countrys inventors copyright for US COMMERCIAL PROFIT.

you do understand the difference between a “non profit” end user, and “for commercial profit” infringment dont you @31 neostyle
even in your country ?

ones a tort common law offence.

the other ones a lock you up for a long time if you cant afford a top rated and highly payed lawyer firm to defend you in your country….

Awhile back, Congress did a report on countries which basically shit on copyright holders. If I was in charge, Sweden would be one of the first contestants to hit the paper. For a decade, they have fostered The Pirate Bay’s theft and helped it grow into the world’s biggest digitial crime syndicate. Actually, they are alot like the mafiia. Their crimes cost society millions if not billions and then when questioned about it they come up with snarky responce.

Somone in sweden should have realized “hold on, what these people are doing is nothing more than common theft” instead of “wel itz intranetz so dats okay den ^___^”

Grow a pair, sweden.

@29 sure , but the VERY BASIC thing your forgetting IS…

all the situations you point out ARE in effect legally binding contracts YOU as the IP owner, and the site application owner Freely enter into.

and thats fine, you own your IP rights, you can authorise the ISP or whoever to use YOUR data and IP propery as you please.

that right Does NOT and can NOT include 3rd partys, you have no idea are trying to use your IP property to track you
or use your IP property in way you have NOT authorised them to do so.

see the difference, they cant do do anything with anything that belongs to you without your knowlege and informed agreement, or some form of court order OC….

Most blog software stores IP addresses for comments, and tracking systems all store IP addresses.

“its hard to work this out, as their countrys data protection act law, as per the EU treaty directives, and the working partys wording is in their language OC, not in english.

so its easy to not see the nuances or mis interprate the clause without a legal english translation.

however the EU working party english PDF paper, makes it pritty clear regarding were the whole EU legal stance stands regarding IP addresses and their thinking on that though.

put it simply, the EU directives say IPs are personal, and Every single county signing up to the EU directives etc are expected to write their country laws to exactly mirror this directives stance, end of story.

if they dont, then as seen in the UK, were the EU have and continue to take steps to bring the UK version of the EU data protection act to the attention on the EU court of justice for a ruling if full and inclusive answers do not follow soon,

the question is did the clause or any others breach the EU directives and will the EU commission also bring these matters to the EU courts attention for ruling and force corrections to bring it into line ?

http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2009/wp159_en.pdf

the EU working party enlish paper makes it pritty clear regarding IP addresses and their stance on that though.

http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2009/wp159_en.pdf

“…
4. IP ADDRESSES
The Parliament and the Commission propose to introduce a new Recital (27a) on IP
addresses16.
The Working Party welcomes the wording proposed in the Commission’s Comments when it
makes specific reference to its work. However, the Working Party does not support the
proposal to make an explicit reference to this issue in a directive.
In this respect, it re-emphasises its earlier Opinion17 that unless the service provider “is in
a position to distinguish with absolute certainty that the data correspond to users that cannot
be identified, it will have to treat all IP information as personal data, to be on the safe side”.
IP addresses relate to identifiable persons in most cases. Identifiability means identifiable by
the access provider or by other means, with the help of additional identifiers such as cookies
or in interactions with internet services with which the data subject is identified explicitly or
implicitly.
Recital 26 of the Data Protection Directive clearly specifies that to determine if a person is
identifiable, “account should be taken of all the means likely reasonably to be used either by
the controller or by any other person to identify the said person”.
The definition of personal data in the Data Protection Directive refers to data ‘relating’ to a
person, and IP addresses are commonly used to distinguish between users to whom should be
applied a different treatment for example in the context of targeted advertisement serving or
profile creation…..
”

if what you outline above, and the implication from the Pirate party Rick Falkvinge translation is that

“IF, and ‘ONLY IF’ you ‘actually bring a court case’ against a person
using collected personal Ip address information and see it through to conclusion without dropping the court case, are you or in this “Antipiratbyrån” personally covered by this Swedish version of the EU “Personal Data Act” directive.

its without Rick Falkvinge giving us an english translation of his contect on this, im non the wiser really, as it may be just a bad translation out of context, perhaps he can post here in emglish ,and perhaps someone can find and post a link to the exact english translation for the Swedish version of the EU “Personal Data Act” directive.

thats assuming all EU countrys have to supply an original translation to the EU for all their legal interpritations of EU directives ?

take this into account, how will the IPRED gain ur IP address when there means of getting those IP’s are through other companies (which are not government agencies) therefore is illigal
Lets take for example, A swedish forum logs your IP address, with this you can effectively sue them for storing your ip
Same with said, “The Pirate Bay” and the IPRED get their IP address’s from that

If the company doesnt store the IP’s how are the IPRED suppose to get them?
and ISP’s are no longer allowed to store IP’s and personal data reguarding those IP’s, specific times and dates reguarding those IP’s an so on and so fourth (ISP’s are not government agencies)

It hasnt destroyed IPRED but it has made it increasingly hard or maybe even impossible to get information reguarding a specific or set of specific IP’s

It’s really interesting and we have to find out how much Antipiratbyrån is making in a month or a year.

Government should keep eye on Antipiratbyrån bank accounts and review their incomes. they are really doing illegal business also, Government should take care of Antipiratbyrån somehow else they are growing very fast and keep s*cking residence blood.

Please someone find out Antipiratbyrån income somehow :-/

Thanks.

It’s really interesting and we have to find out how much Antipiratbyrån is making in a month or a year.

Government should keep eye on Antipiratbyrån bank accounts and review their incomes. they are really doing illegal business also, Government should take care of Antipiratbyrån somehow else they are growing very fast and keep sucking residence blood.

Please someone find out Antipiratbyrån income somehow :-/

Thanks.

I didn’t understand really what you said about the exception or if there is any.

But I feel like you that this whole business is a bit fishy and it seems more like people trying to reinterpret the laws and reconstruct them and this is why a lot of people say the MAFIAA is trying to rewrite the laws thru the legal system instead of the legislative body in the government.

Tough this exception sounds like you can do it without court allowance if some kind of law breach is investigated… Seems like anyone can do it then claiming that they were investigating something like that… Stupid…

“The act in question defines who is eligible to store information on individuals [...] in criminal cases.”

It’s now a “Personuppgift”, personal information, and thus has to be handled with care.

But it’s a movement in the right direction….

And that is why courts tend to look for precedents to now on what those laws should apply, and that is why the MAFIAA wanted a rule in their favor but that is a piece they didn’t get it although they do have others means, the real question is how much room(laws) are in their favor and how much is not the size of the legislation and quality of laws will define the total room to maneuver.

In both “collecting ip addresses” and “downloading youtube videos”, you end up with something that wasn’t supposed to get on your harddrive from your memory.

What this ruling does is restrct things you are able to do a bit more. It gives no freedom. There are no winners.

And if one law says one thing and another says the exact opposite what one wins out?

-Jay

HELL TO THE HASTERS AND THERE SURPORTERS.