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deepLinking-25: Norwegian Supreme Court will rule on the liabilty for links to illegal MP3-Files

From: Dan Connolly <connolly@w3.org>
Date: Fri, 28 Jan 2005 19:01:28 -0600
To: www-tag@w3.org
Message-Id: <1106960488.5075.433.camel@localhost>

Another one for our deep linking finding, perhaps?
http://www.w3.org/2001/tag/doc/deeplinking.html


http://www.linksandlaw.com/news-update26.htm
<- http://yro.slashdot.org/yro/05/01/28/1458243.shtml?tid=123&tid=141

[[[

3. Norwegian Supreme Court will rule on the liabilty for links to
illegal MP3-Files - Napster.no

In 2001 the website   “napster.no” featured hypertext links to illegal
mp3-files that were published on other Internet pages. From the front
page the users could access another page called “Add an mp3-file” and
write in the name of the artist, the title of the song and the address
(URL) of where the files could be found. After legal threats by the
IFPI, the operator (Bruvik) shut down his pages as he had been informed
that the pages could be violating Norwegian copyright law. So on
November 20th 2001 he deleted all links to illegal mp3-files. TONO
(Norway's Performing Rights Society) and NCB (Nordic Copyright Bureau),
on behalf of the copyright owners and the record companies EMI Norsk AS,
BMG Norway AS, Sony Music Entertainment Norway AS and Universal Music
AS, on behalf of the artists and the producers, thereafter initiated
legal actions by filing a complaint within the court of conciliation.
The claim set forth was for NOK 500,000 as compensation for breach of
the Norwegian Copyright Act (1961), Section 55. 

The district court of Sør-Gudbrandsdal delivered a judgement on January
22nd, 2003 which stated: "Napster Frank Allan Bruvik represented by
Frank Allan Bruvik is hereby sentenced to pay the plaintiffs a lump sum
of damages set to NOK 100,000 – one hundred thousand Norwegian Crowners
– with the additional interest rate of 12% per year until payment is
done, cf. the Interest Rate Act (1978), Section 3, subsection two." 

The Court of Appeal came to a different conclusion than the district
court, which reads as follows:   "[T]he actions committed by Bruvik were
not an action relevant to copyright as such. He himself did not use the
files, and he did not store or copy the files. His actions [deeplinking]
consisted merely of reference to sites where the works already were made
accessible. References of this kind cannot be regarded, in the opinion
of the Court, as a public performance. The actions of Bruviks must be
compared to those of a bulletin board containing addresses to uploaded
music works. The linking itself did not involve a performance." 

The case is before the Norwegian Supreme Court in January 2005.

Thanks to  Magnus Stray Vyrje  (Attorney at law in Oslo), who
represents the defendant "napster.no", I can provide an English
translation of the Court of Appeal decision.
]]]


-- 
Dan Connolly, W3C http://www.w3.org/People/Connolly/
D3C2 887B 0F92 6005 C541  0875 0F91 96DE 6E52 C29E
Received on Saturday, 29 January 2005 01:01:29 GMT

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