ISP Liability in Sweden

Yesterday, the Cecilia Renfors presented the results of her investigation on copyright issues in relation to the Internet (press release in Swedish). The investigation entitled Music and Film on the Internet – threat or possibility? (Musik och film på Internet – hot eller möjlighet?). The purpose of this investigation was to understand and to create a way in which illegal file-sharing would decrease and users would be encouraged to pay for the downloading of video and audio.

The main suggestion in this investigation is to hold the ISP’s liable for users’ treatment of copyrighted material. In reality this would entail that the ISP would move from being an anonymous carrier of information to being actively involved in the content their customers desire. Cecilia Renfors suggests that the ISP’s should be forced to, for example, close accounts for users involved in illegal file sharing.

These suggestions have not been accepted quietly. Naturally the ISP’s are protesting – they don’t want to chase their own customers. But there is a wider issue at stake here.

Suppose that an Internet account is terminated because it has been used for illegal file sharing. This punishment does not fit the crime. Considering the drive towards e-government and the amount of services which are moving wholly online the loss of one’s Internet connection is too high a punishment. Another question is who actually carried out the downloading? Was it the underage child? Or is it a neighbor abusing an open network?

Most users do not know enough about their technology to control their own Internet accounts. In addition they do not know enough about the complexities of copyright law in relation to the Internet. A study (pdf here – in Swedish) user’s rights (paid for by an ISP), also presented yesterday, shows that most people do not know which actions in relation to the copying of copyrighted material are legal or not. This latter study shows that 83% of Swedish teenagers download music from the Internet. Half of them believe that when they make a copy of music for a friend or family member that this act is also illegal.

An example of scenarios presented in the examination:

My friend has bought a song on the internet. She plays it for me on her mp3 player and I would like to copy the song to my mp3 player. Is this act legal?

Teenagers answer
* No: 51%
* Yes: 29 %
* Don’t know: 21%

Teenagers parents answer:
* No: 55%
* Yes: 21 %
* Don’t know: 24%

The correct answer is that this act is legal. Sharing a legally purchased song with friends and family is permissible. It is not permissible to share it to the general public nor is it legal to circumvent technical protection measures to copy the song.

The lack of legal and technical information makes this a sensitive issue. Naturally everyone within a society is expected to know the laws which applies to them. Ignorance of the law can never be a defence. However, the fact is that few people really know whats what in copyright and online environments.

If we create an environment where we begin closing access to Internet we are taking a step back in the information society. Access to Internet today is arguably more important than being connected to a telephone system. Not that I would like to give up either.

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