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  • Pirate Bay trial

Oscar's blogs

  • Main Blog (earlier in Swedish, now also English):
    Texplorer blog. This is where I blog, mostly about "freedom of communications" in a broad sense: The right to transmit any material on the internet without being surveilled by the state or being hunted by record companies.
  • Blog in English (discontinued)
    Global Texplorer is a blog where I now and then put out an article in English. I cover events mostly in Sweden in Swedish but sometimes I believe I can have an impact on events if I take a story global.

« BIRTH OF THE NATION OF PIRATE PRIDE | Main | Pirate Bay vs. Denmark to EU Court: Summary »

February 07, 2008


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"And a court makes a blatantly mistaken judgment that risks all of Internet as we know it. And you just accept it."

They have appealed all the way to the Supreme court?
is this not fighting back?
what more can they do?

and Btw i agree completely with you analysis.

From you can read the following:
"Midlertidig eksemplarfremstilling

§ 11 a. Det er tilladt at fremstille midlertidige eksemplarer, som

1) er flygtige eller tilfældige,

2) udgør en integreret og væsentlig del af en teknisk proces,

3) udelukkende har til formål at muliggøre enten en mellemmands transmission af et værk i et netværk mellem tredjemænd eller en lovlig brug af et værk og

4) ikke har selvstændig økonomisk værdi."

now, i'm no law expert, but it seems to me that InfoSoc IS implemented correctly in danish law. the Judges are simply misreading the law, or maybe they are dyslexic or something.

i can't think of a way this can be interprited the way the Supreme court has.

Oscar Swartz

Rasmus, the posting you replied to was written more than two years ago. Feb 2008. At that time it looked like the Telecom industry would just accept it. I had some communications w people in the Danish industry and I think my analysis had an influence on them so they decided to appeal.

I have not read the Danish Supreme Court judgment that just came so I don't know how they reasoned around these questions there, even if I know that the telecoms are required to block. A very sad interpretation but it would be interesting to see it in detail.

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