MPAA Gets a Slap From Norwegian ISPs
Written by enigmax on April 11, 2008At the end of March we reported that the MPAA’s pirate-chasing lawyer Espen Tøndel sent a letter demanding that Norwegian ISPs disconnect file-sharers from the Internet. Unfortunately for him, the ISPs aren’t going to comply and have issued a letter in response, refusing to break the law to please copyright holders.
It’s becoming a trend for outfits such as the IFPI, MPAA, BPI and their equivalents to demand that ISPs disconnect their file-sharing customers from the internet. Unfortunately for them, ISPs don’t want to play ball with these demands and are starting to make their opinions known while refusing to be bullied. Even the European Parliament thinks that disconnecting file-sharers from the Internet is disproportionate.
When Simonsen Advokatfirma sent a letter to Norwegian ISPs via the MPAA’s lawyer Espen Tøndel, it was probably expected that the ISPs would agree to their outrageous demands. Not so. Instead, IKT Norway - an interest group for ISPs - stood up for the ISPs stating:
“In a constitutional state, the police and the prosecuting authority have the job of investigating and indicting, not lawyers and communication engineers. Most of the big ISPs in Norway are members of IKT Norway and we will support the various ISPs as best we can against what we see as a preposterous demand from Simonsen”
Now, in a detailed letter, IKT Norway has responded in the strongest possible way:
Regarding demands to prevent alleged unauthorized publication.
We refer to the letter from Simonsen Advokatfirma DA on behalf of Norsk Videogramforening dated 4. March 2008, also other letters from Simonsen dated 19 march 2008 and sent to several internet service providers (ISPs)
1. Demands issued to the ISPs
In your letter you claim that the ISPs have an obligation to prevent alleged illegal activity. It’s further suggested that this should be carried out by the ISP by matching IP addresses with customer names and thereafter forward provided letters to the subscribers which (apparently) used the listed, dynamic IP addresses.
Principally we do not consider it an ISPs role to report on suspicions regarding breach of intellectual property rights without a court ruling, to contribute to legal decisions regarding our customers.
The ISPs will of course follow current laws and, if they receive a final ruling which demands action, they will follow it.
However the ISPs do not believe it to be their task to monitor or through their own evaluation and/or the subjective assessments of others, to censor or sanction [content] on the net. It’s important that the rule of law is upheld and that the protection of rights is correct in accordance with the constitution, i.e. the police investigate and the court of law makes the judgment.
2. Roles of the ISP and responsibility
We stress that the ISPs on their own do not breach the law. We believe that you are familiar with the national implementation of the European Info-Soc Directive and that it deviates from Denmark. Your reference to a Danish ruling is not relevant in this case.
(Comment from Norwegian translator: Norway parted from Denmark in 1814, that’s why we celebrate 17th May and they should know better!)
In your letter you refer to the law regarding e-trade and cease and desists. Such an instruction must be issued to the one who’s allegedly breaching your clients rights. A superficial trial to ascertain an copyright breach without the accused being a part of the case, and without letting the accused defend himself according to the normal principle of contradiction, is inexpedient.
The consequence of this will be of such a large magnitude for the individual Internet user that we believe a more though investigation and court involvement is needed. Further investigation [by the police] will show if it’s possible to identify the user which the copyright holder claim has beached their rights, and after this a justified ruling can be made by the court of law.
When it comes to your comment on responsibility and helping out to commit the crime if the ISP does not prevent the alleged illegal activity, we do not agree. An ISP has no responsibility for what the customer does on the net as you suggest in your letter.
Based on this we reject your accusation that the ISPs have a responsibility for the users use of network and devices. The ISPs will not follow your demand to block access/prevent alleged illegal activity.
3. Conclusion
IKT-Norway stresses that it’s important to protect intellectual property. Without a strong governance of intellectual property rights, the incentive to invent and create may suffer. We do not protect nor sympathize with breaches of intellectual property rights, or other actions which breach the law.
However, the work to protect intellectual property must be carried out in such way that it does not breach fundamental constitutional principles. Your private investigation carried out on the net has be further investigated by the police and/or the court of law.
Best regards,
IKT- NorwayHallstein Bjercke,
Director of “governmental contact”
Thanks to Harald for the translation of the original letter and Happy Birthday!
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57 Responses
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oh wow mpaa got owned again
Rockin’.
I love my country :)
Lurer på om Tommy Myrbostad snart lager en video om Fjortis Advokater :D
Sweden and Norway hold the fort! Scandinavia FTW!
Oh No! Espen Tøndel must be crying to hi mom now.
About time some sense came into this equation.
Tøndel gets bitch slapped again. This clown is deserving of some in depth investigation of his background and private life. It wouldn’t surprise me a bit to discover that Mr. Squeaky Clean isn’t so clean at all. Time for this one to lose his law license if at all possible.
Davenport Lyons isn’t a pillar of the community either. These people need to be relentlessly investigated [a la Media Defender ;)] and every little piece of dirty laundry aired and exposed. It’s well past time for being defensive. An aggressive, offensive posture is what’s called for. These people need to know that if they choose to do the bidding of anti-piracy forces that there will be a price to be paid.
Tøndel got pwnd, again.
Espen Tøndel, you bald headed bastard… suck your thumb and go to sleep crying, on second though, suck someones dick and go to sleep crying coz you just got pwnd’.
http://www.ezee.se/
@ #5, you said it bro!
Everyone should realize this is just the latest strategy in their propaganda war, and perhaps the last one (let’s hope) of a desperate and dying monster. It’s only right they get treated like the joke they are. This is what happens when arrogant brats get fed too much money. They get to buy lawyers and try to buy the media, corporations, and the legal system. Not everyone cam be bought. Most maybe, but not all. And you can’t fool all the people all the time.
Again a retarded “lawyer” get it in his dirty ass! Espen moron you can’t rule the world!
Half swedish, half norwegain. Im teh win of teh internets.
Great news :D
FUCK OFF MPAA, RIAA !!!!
[quote comment="341062"]Everyone should realize this is just the latest strategy in their propaganda war, and perhaps the last one (let’s hope) of a desperate and dying monster. It’s only right they get treated like the joke they are. This is what happens when arrogant brats get fed too much money. They get to buy lawyers and try to buy the media, corporations, and the legal system. Not everyone cam be bought. Most maybe, but not all. And you can’t fool all the people all the time.[/quote]
Amen
You know what the most scary thing for me in this is? My dad used to work for Simonsen-Føyen :O Fortunately he left that job. Well, I would’ve pirated even if he hadn’t left that job.
Tøndel, go to sleep! You’re dead in Norway! Not even ski trips to Kvitfjell will help you get more lawyers to your firm, although it was a nice trip :)
mpaa got pwned once more. you almost feel bad for them but then you realize that they are assholes
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PLZ DROP BY Sites
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Invites
It’s actually quite a stupid strategy of the MAFIAA to carry the copyright issue into the realm of civil rights. The demand that file sharers be cut off the net and the participation in public discussion to form an independent opinion can make some new players appear on the scene.
Classic newspapers and radio stations who already provide their contributions on the net might not be so happy about a push to restrict access to their material. It goes straight against what “classic media” thinks it’s there for.
The MAFIAA might shoot itself in the foot if it starts to arrange for a picture like “Intellectual Property Rights” against “Freedom Of Expression”. Not all lawyers believe the former is more important than the latter.
All the NGOs who fight for opposing opinions to be heard in less free societies suddendly find themselves in a situation, where people at home are silenced for reasons that not even have to do with an opinion.
“you almost feel bad for them”
There is noway I can feel bad for this pack of criminals and parasites.
Looks Like They Got The Balls To Stand up Against MPAA
God bless the vikings ;-) We need more Scandinavian voices in Brussels (with clear and democratic minds ). I’m fed up hearing that celebs ( music& cinema ) earn so much monney, also the publicity companies. Any way nobody will dye of hunger not even those greedy beasts who expect us to bye a cd for 10-20 Euros even though only a song or two we like on it, Art will always survive. People will always go to the movies though I personaly only after I made sure I like the film. The trailers manipulate our vision, opinion about the film but thx to bittorrent we know what we pay for ( b4 we seat in ). Paying for the movie is like ” a cat in the sac “-a Hungarian saying- not knowing if it will be good or crapso it is like cheating. I was asked by a friend to go and see “The Mist (2007)” the other day because the trailer was so promising, I told him I saw it and it was one of the worst movie ever, well after he saw it he told me next time he’ll ask me b4 he’d pay again to get disappointed.
but is there a guarantee the goverment/parliment wont tip thier toes ?
Even if the government here in Norway hypotheticly overruled such a decision, the police wouldn’t enfore it. Why? Because the police are undermanned and they need the people that they have to fight REAL crime.
[quote comment="341392"]Even if the government here in Norway hypotheticly overruled such a decision, the police wouldn’t enfore it. Why? Because the police are undermanned and they need the people that they have to fight REAL crime.[/quote]
hmmm…to me it seems like it’s just the matter of when such a rule will be enacted and enforced….it will surely come !
$$$ + politics = funny results.
great article
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