Danish ISP forced to censor the Internet

Written by Smaran on November 05, 2006 

A Danish court ruled against the Danish ISP Tele2 and ordered to block all access to the site Allofmp3.com. According to the ruling, the ISP is willingly infringing copyright if their customers use AllofMP3 to download music.

Tele2IFPI Denmark sued the ISP, Tele2 in July. It asked the judge to force the ISP to block access to AllofMP3“>AllofMP3.com. A few days ago, the judge ruled in favor of the IFPI, but Tele2 will appeal this decision.

The verdict hasn’t been taken well by ISPs the world over. It is a milestone in the IFPI’s efforts. According to the IFPI it will be referenced in future cases, not only against Danish ISPs, but ones in other EU countries too.

The verdict could have very strong implications for the future. It clearly states that an ISP can be held liable for temporarily (milliseconds) storing infringing data on their routers. This means that ISPs can be forced to block websites, if the court decides (read: assumes) that these sites are mainly used to spread “illegal” content.

These are the most critical passages in the IFPI vs. Tele2 ruling :

  • Under section 2(2) of the Danish Copyright Act, reproduction is regarded as any direct or indirect, temporary or permanent, and complete or partial reproduction in any form or manner whatsoever. Thus, any form of copying falls within the scope of section 2.
  • Based on this, the Court finds that the fleeting and random fixation of the work of music in the form of electronic signals conducted in the various routers during the transmission of data packages via the Internet also falls within the scope of section 2 of the Danish Copyright Act.
  • Furthermore, Tele2 cannot invoke the right of temporary reproduction under section 11a of the Danish Copyright Act, since this provision presupposes that the reproduction is based on a legal copy.
  • The head of a Danish telecommunications industry group told Computerworld Denmark that they “are horrified over this judgment, to say the least. It means that we must now keep an eye on what our users are doing online. And blocking user access to certain websites will never be a perfect solution.”

    We had the chance to talk to Sebastian, spokesperson for Piratgruppen. Piratgruppen is the sister organization of the famous Swedish Piratbyrån, an organization whose goals are reforming current copyright law and protecting consumers’ rights. He said: “This case shows that it has never been the question if Allofmp3 were legal or not. Its part of IFPI’s more general attack on the freedom of the Internet. They have lost control over their customers, and they want it back at any price.”

    “The verdict is highly controversial as it brings internet censorship to Europe. It states that ISPs are responsible for the traffic they route. In this way introducing a new paradigm, where Internet service providers are obliged to block sites that the authorities dislike. The verdict is at the same time so unclear that accusations of copyright infringement can be used to censor a long list of sites. The result is the destruction of the Internet as a free space of communication, and the realization of national borders in cyberspace.”

    It’s strange how people are making such a Herculean effort to block a Russian music site when millions of scam and phishing sites remain at large. The U.S. is even going so far as to put pressure on the World Trade Organisation to deny Russia a seat on the council. All for an mp3 music site! Shouldn’t we be concentrating our efforts on more important things? Sites that actually cause financial harm to individuals? Oh wait, AllofMP3 does cause financial harm to musicians. How will (insert name here) afford her next Ferrari? Just kidding. Or am I?

    If you don't like torrents try MP3 Fiesta. They hold nearly 67,000 albums from nearly 17,000 artists. Prices are around the $0.10 mark for single tracks with full albums coming in at roughly $1.00. Tracks are available from 192kbps and they take major credit cards and PayPal

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    14 Responses (Add yours or TrackBack)

    1 Nov 06, 2006 at 02:00 by Platypus

    MPAA:
    Copyright > Human rights.

    2 Nov 06, 2006 at 15:19 by David Kaspar

    MPAA:

    Money > People

    3 Nov 06, 2006 at 16:25 by Parly

    You can still acces Allofmp3.com via Tele2 though..

    4 Nov 07, 2006 at 07:16 by Warder

    So if you were to post some drugs in the mail, the post office will be sued for drug dealing?

    ISPs should not responsible for being the carrier. The end users are responsible.

    The music industry now controls both governments and the internet I guess.

    5 Nov 07, 2006 at 11:21 by Mick

    So when do the Telco’s start getting the blame for permitting copy right infingement when their copper was used? what about the power companies? What about the Telco that lets Osama Bin Larden to make a phone call over it’s network when the phone call is related to a terriost act? Is it not also permitting this same crime yet in a different context? What about the banks who allowed the transaction to occur? Are they not also to blame? What garbage

    6 Nov 07, 2006 at 11:21 by amishpirates

    after seeing a few PAY mp3 sites i really wonder how musicians can afford ferraris in the first place. Srsly, a penny a song? $10 or $12 a month for all the music you want? After the label gets their cut, how much of that penny you just spent is really going back to the “artist”? Its a frkking joke! Huge names like “Michael Jackson” or “Madonna” or even “Metallica” may actually be able to buy back the rights to their own music from soul sucking monsters like Sony etc. , but all those musicians out there that are actually still making real music are getting screwed just like they always have. The average consumer is under the false impression that by actually paying for an album, they are supporting the musician. This, as far as I can see is only true in the most round-about ass-backwards sense. If an artist is lucky he gets a few pennies for each album sold, the rest goes straight to the label. If the artist is really lucky, that label likes the artist enough to LOAN them the money to go on tour, maybe the label even does some promoting of said tour. Then, the artist actually gets a decent cut from ticket sales, and t-shirt sales at the concert.

    There are certainly exceptions to this rule, but from what I’ve heard this is the general trend. No one is going to say that famous musicians like Ozzy Osbourne, Britney Spears, the Rolling Stones etc are broke; but think about WHY they have the money they do. Think about the price you paid at the last big concert you went to; sixty bucks!?!? For one frkking person? And then the artist still goes and does movie soundtracks, commercials, frkking sneaker ads!!! why? MONEY, the money that they did NOT make off their last gold/platinum/ruby-encrusted, whatever Album. Yes, they ARE making good money, think about it, $60 per person at a concert that seats only a 100 people, thats $6000 in one night, say the band only gets half (after club fees, roadies, etc) $3000 btwn a 4 man group is $750 per man. even if they only do 50 shows a year they’re making a decent living($37500/year). that’s working less than 6 hours a week!

    If you want to support the artist, go to their damn show! buy a t-shirt while you’re there. Do NOT buy their album, STEAL IT, I mean, unless you really like their record label or something; you know, the one that’s trying to sue you?

    This is imperative, we must steal our music, to destroy the corporate recording industry. To destroy the cookie cutter music industry that has plagued our culture for so long; shoving generic rock clones down our throats for the last fifty years. They decide what’s played on the radio, they decide what “the new sound” is gonna be, and they make all their money on selling us the forced byproduct of this system.

    the only way we can free the music, is to steal the music.

    7 Nov 07, 2006 at 20:45 by start

    actually allofmp3.com has a free music service to let you listen to music on you’re computer. how is this illegal? is this ever happened to me in my country i would be the first to stand and throw paint on the steps of legaslative housing.

    8 Nov 09, 2006 at 18:04 by Johan

    [quote comment="20267"]after seeing a few PAY mp3 sites i really wonder how musicians can afford ferraris in the first place. Srsly, a penny a song? $10 or $12 a month for all the music you want? After the label gets their cut, how much of that penny you just spent is really going back to the “artist”? Its a frkking joke! Huge names like “Michael Jackson” or “Madonna” or even “Metallica” may actually be able to buy back the rights to their own music from soul sucking monsters like Sony etc. , but all those musicians out there that are actually still making real music are getting screwed just like they always have. The average consumer is under the false impression that by actually paying for an album, they are supporting the musician. This, as far as I can see is only true in the most round-about ass-backwards sense. If an artist is lucky he gets a few pennies for each album sold, the rest goes straight to the label. If the artist is really lucky, that label likes the artist enough to LOAN them the money to go on tour, maybe the label even does some promoting of said tour. Then, the artist actually gets a decent cut from ticket sales, and t-shirt sales at the concert.

    There are certainly exceptions to this rule, but from what I’ve heard this is the general trend. No one is going to say that famous musicians like Ozzy Osbourne, Britney Spears, the Rolling Stones etc are broke; but think about WHY they have the money they do. Think about the price you paid at the last big concert you went to; sixty bucks!?!? For one frkking person? And then the artist still goes and does movie soundtracks, commercials, frkking sneaker ads!!! why? MONEY, the money that they did NOT make off their last gold/platinum/ruby-encrusted, whatever Album. Yes, they ARE making good money, think about it, $60 per person at a concert that seats only a 100 people, thats $6000 in one night, say the band only gets half (after club fees, roadies, etc) $3000 btwn a 4 man group is $750 per man. even if they only do 50 shows a year they’re making a decent living($37500/year). that’s working less than 6 hours a week!

    If you want to support the artist, go to their damn show! buy a t-shirt while you’re there. Do NOT buy their album, STEAL IT, I mean, unless you really like their record label or something; you know, the one that’s trying to sue you?

    This is imperative, we must steal our music, to destroy the corporate recording industry. To destroy the cookie cutter music industry that has plagued our culture for so long; shoving generic rock clones down our throats for the last fifty years. They decide what’s played on the radio, they decide what “the new sound” is gonna be, and they make all their money on selling us the forced byproduct of this system.

    the only way we can free the music, is to steal the music.[/quote]

    Pure Wisdom!

    9 Jan 03, 2007 at 19:01 by Madderdan

    Hi Hi

    Well what a lot of rubbish, let them block the website.

    You shouldnt be getting music from websites, this is not the stoneage.
    Even if you have to use lamewire, but better to go for torrents, you should just share the music.

    Never use websites, its just a waste of time, and will also make it easier to get caught, websites can b monitored and then your IP number is automaticly logged,

    But hey its all logged somewhere, no matter where/how you download, its all recorded somewhere, just hop that too many pople download, so ven if they did have the proof to sue you, there whould be just too many to actually get round to you.

    Then again, if we all start to kill people would that mak it OK ??

    I guess so

    Greetings Maddan

    10 May 09, 2007 at 02:30 by gonzolder

    ja krevetko! Vsem sasat’!

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