Thursday, June 25, 2009

Another miscarriage of justice

The Swedish ISP Ephone has in an utterly bizarre verdict by Solna tingsrätt ("Framgång för bokförlagen i det första Ipred-ärendet", skriver tingsrätten i ett pressmeddelande) been forced to provide personal information about the owner of an internet subscription to five publishing firms. Why? Because someone using this internet subscription had set up an FTP-server, a private server requiring authentication to access its content. Supposedly this FTP-server contained copyrighted material, which Antipiratbyrån gained access to, presumably either through hacking or just by plain and simple threats. Remember that the next time you upload that MP3-file, image or XVID-movie to your personal online storage facility - the mafia entertainment industry might hack into your account and then accuse you of making the material accessible to the public.

Anyway, this personal information will of course help the publishing firms hunt down and take legal action against the owner of the internet subscription (not the actual perpetrator, mind you!), and most likely be responsible for yet another miscarriage of justice. We all know the court will find him or her guilty without a shred of credible evidence, a screen shot and an assumption that the internet subscription owner and the perpetrator are the same, is enough these days. Recent verdicts in the previously civilized part of the world has shown that one is in fact no longer presumed innocent until proven guilty when it comes to acts of copyright infringement. Instead, we've taken a giant leap backwards in time and embraced the principle of "guilty until proven innocent". Makes it all a lot easier for the court, doesn't it? "So, you can't prove that you're innocent? Can't prove that somebody else was using your WLAN that night? Too bad, that'll be 15 millions in fines. Next!"

Also, I can't help but wonder how the judge in Solna tingsrätt is affiliated with the mafia entertainment industry in this particular case. Or perhaps he too was promised a well paid pro forma job in the industry if he helped them along by making a decision that went against all common sense?

If anyone should be on trial here it should be Antipiratbyrån and Henrik "Pirate" Pontén, as they have illegally gained entrance to a private FTP server. Somehow these computer crimes, regularly performed by Antipiratbyrån to secure "evidence", are never an issue.

Clearly, those with enough money and lobbying power own the justice system.

No comments:

Post a Comment