Formally presents legislation allowing copyright holders to use courts to force ISPs to divulge names associated with IP addresses linked to illegal downloading.
The Swedish government says it is drafting a new anti-P2P law that will allow copyright holders to pursue those sharing music and movies illegally.
The proposal, based on the European Union’s Intellectual Property Rights Enforcement Directive (IPRED), makes it possible for copyright holders to seek a court order to require ISPs to divulge the names of individuals accused of sharing copyrighted material illegally.
Companies can then seek damages from the file-sharers in court.
“If those who create computer games, films, or music lack the ability to be paid for their products, they won’t be able to hire the people they need so their companies can grow. The bill strengthens the prerequisites for the creative sector to grow,” said Justice Minister Beatrice Ask in a statement.
The Swedish government says people refraining from uploading copyright-protected material and who only "occasionally" download such works won’t be identified. After much debate with the bill’s critics, the burden of proof required in court was also increased.
“This means that it will be necessary to show it is a question of infringement of a certain magnitude in order for a copyright holder to receive the [personal] information,” according to a government statement.
But, when asked what would define a “few” or "occasional" works, the Justice Minister said that “That’s a judgment which the court can make about what is required, the legislation can’t go into all the details.”
Additionally, the law will only apply to those accused after April 1st, 20009 when the law takes effect.
The proposal unveiled Thursday now only requires parliamentary approval.
jared@zeropaid.com
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20009? Well we got some time then.