Sweden file sharing case gets retrial

collarian · 11-01-08, 05:33

In Sweden, a court case involving a man who had allegedly uploaded 23,000 music tracks and 30 movies to file sharing networks has gone to retrial. The decision in the case will have implications for the future of whether police can raid file sharer's homes in search of evidence.

The man, a 31 year old from Linköping, Sweden, was initially charged with making the music and movies available for unauthorized download. However, there have been doubts surrounding Sweden’s Anti-Piracy Agency’s (APB) use of "questionable investigative techniques" and so prosecutors have dropped all the music related charges.

Rick Falkvinge, leader of the Swedish Pirate Party, commented on the case. “The public prosecutor dropped the bulk of the charges but the record industry decided to pick up the dropped ball and press ahead as a private criminal charge (’enskilt åtal’), meaning they have to act as a prosecutor themselves before a judge and jury.”

On the side of the IFPI, lawyer Lars Gustafsson commented, “We maintain that the technical evidence is sufficient. We have received an inquiry from the court if we would like to continue with the music file-sharing as its own indictment and we have said we would."

The court did not drop the charges related to the movies and therefore ordered a retrial.

“It is remarkable that public funds are spent on redoing the trial despite the fact that the public prosecutor decided to drop most of the charges,” “The record industry frequently states they have no desire to become a private police force, but these days, it looks like they more frequently put their foot than their money where their mouth is.”

Despite the dismissal of the music related charges, those relating to the movies can still prove to be costly if the man loses his case. In June 2006 a man was found guilty of uploading just one movie using DC, and the fine was equivalent to $2,500 USD.

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