Norwegian court says no to making ISP block The Pirate Bay
- 09 November, 2009 16:59
- Comments 5
A Norwegian court has ruled the country’s largest internet service provider (ISP) does not have to block access to file sharing site The Pirate Bay.
A number of organisations had been trying to get ISP Telenor to block The Pirate Bay since February, when they sent the ISP a warning letter.
Telenor rejected the warnings, and the case went to court.
Throughout the ordeal, the ISP maintained that there is no legal basis for the request, or any ISP to act in the interests of digital intellectual-property rights holders by blocking individual websites, and the district court in Norway agreed.
Elements of the case have mirrored the ongoing battle between the Australian Federation Against Copyright Theft (AFACT) and Australian ISP iiNet, who has also maintained a similar stance to Telenor.
AFACT revealed in the Federal Court of Australia last week that it will seek for iiNet to block websites like this should it be successful in the case.
However, while on the stand under cross examination iiNet CEO, Michael Malone, said the ISP does not have the technical capabilities to block BitTorrent traffic from websites like The Pirate Bay.
“To completely and conclusively block asses to The Pirate Bay, I believe it to be beyond our technical capability or that of any ISP,” he said during the court hearing at the Federal Court of Australia.
Last week, AFACT also submitted to the court a draft ISP code of conduct relating to computer security, despite Justice Cowdroy questioning its relevance.
See more on the AFACT v iiNet case.
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- Battle against file sharing starts in Norway
- Norwegian ISP doesn't have to block Pirate Bay, says court
- AFACT v iiNet: "We should not be doing AFACT’s work"
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Comments
Anonymous
Looking at the possible big picture, could it be illegal for google searches that allows people to find keygens, serial numbers,websites that have illegal software wether it be torrents sites or not, i know that if you do a microsoft BING search that you come up with less hits, has microsoft gone this way with there bing searches for a reason?, maybe google will have to have its wings clipped so is becomes a flightless bird, this is very dangerous grounds if big brother has its way.
Anonymous
And if search results are being filtered like this, does it pave the way for filtering other things? It seems the corporations and governments are slowly moving in on freedom of speech and sharing of information on the internet. If they are stymied in the process, they seem to find other more elusive ways to pass laws and regulations. I thought we lived in a democratic society. It appears to be more of a dictatorship.
AnonymousLlama
Yay for Norway and common sense. Surely the good sense of our courts will follow.
If AFACT wins does this mean we can sue them for poor quality scripts, acting and production in the movies their members distribute? They can 'block' these movies and if they choose not to are they not responsible for spreading this crap around the world?
L
TuffGuy
If AFACT win (which I think is very unlikely) I (and I am sure many others) will either find another way of getting stuff or simply stop watching movies and TV. When you look at the crap that is thrown at us these days there is no way I would be going to the cinema and paying for it.
Anonymous
looks like a new language will be on its way if filtering is introduced to curb piracy. Piracy can be dampened but can't be removed! We are heading into an interesting copyright era. How will files be confirmed that they are copyright? I could name my movie three little pigs, but this seems to be unlikely in the future due to copyright filtering them what?
interesting,interesting,interesting!
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