28th mar, 2011

Danish Supreme Court sets boundaries for evidence in P2P cases

In the combat against P2P piracy of movies and music some would see a recent Supreme Court decision as a blow to the anti-pirates. The Danish Supreme Court decided that a list of shared files is not evidence enough to prove extensive piracy. In the case before the court the lawyers hadn´t bothered getting a warrant and seizing the hardware containing the files and had no “physical” evidence to support their case. This was punished – and rightly so – by the Supreme Court which decided that the lists were not enough evidence.
I don’t see the case as a blow to the anti-piracy combat but as a case of “If you want compensation you have to work for it”. The opinion states that if the computer had been seized the case would have been different. The Anti-pirate group claims that this procedure could make their process more costly and could bar some from seeking compensation. I don’t think that it will be the costs for police support and a locksmith which turns the case into an expensive deal.

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