File-sharers in the United States, Germany and the UK are particularly familiar with the tactics of so-called copyright trolls. In recent years the lucrative nature of the business has attracted many companies, all out to turn piracy into profit.
Most countries have managed to avoid the attentions of these outfits, Sweden, the spiritual home of The Pirate Bay, included. However, in a surprise move the Scandinavian country has now appeared on the file-sharing lawsuit radar.
Along with Universal Pictures and Studio Canal, Check Entertainment is one of the companies behind the 2014 Liam Neeson movie, Non-Stop. According to latest figures from Box Office Mojo it has done very well, bringing in excess of $222 million on a $50 million budget.
Nevertheless, according to Dagens Media, Check Entertainment has hired lawfirm Nordic Law to go to court in Sweden to obtain the identities of individuals said to have downloaded and shared the action thriller.
The U.S.-based company has targeted subscribers of five local Internet service providers – Com Hem, Bredbandsbolaget, Banhof, Telia Sonera and Telenor – with the aim of forcing them to turn over the names and addresses of 12 of their Internet subscribers. Data on the alleged file-sharers was captured by German anti-piracy outfit Excipio.
At this point Check Entertainment says it wants to “investigate and prosecute” the subscribers for alleged copyright infringement but if cases in the rest of the world are any yardstick the aim will be a cash settlement, not a full court case.
Interestingly, one ISP from the five has indicated that its customers do not have to be concerned about possible lawsuits or shakedowns.
Service provider Banhof, a company long associated with subscriber privacy, says it is currently the only ISP in the Swedish market that does not store data on its customers’ Internet activities.
The development dates back to April when the EU Court of Justice declared the Data Retention Directive to be invalid. In response, many Swedish ISPs stopped storing data but since then most have reversed their decision to comply with apparent obligations under the Swedish Electronic Communications Act. Banhof did not, however.
This means that even if the ISP is ordered by the court to reveal which subscribers were behind a particular IP address at a certain time, it has no data so simply cannot comply.
“We have no such data. We turned off data storage on the same day that the EU judgment was handed down,” Banhof CEO Jon Karlung told Dagens Media.
While Sweden has a long tradition of file-sharing and the state regularly prosecutes large scale file-sharers, actions against regular sharers of a single title are extremely rare, ‘trolling’ even more so.
“It’s pretty rare,” Karlung says. “It has been quite a long time since it happened last.”
The big question now is whether the courts will be sympathetic to Check Entertainment’s complaint.
“We have submitted [our case] to the district court and now we want to see what the service providers say in response,” Nordic Law’s Patrick Andersson concludes.