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14 Mar, 2013 03:53

Copyright above freedom: Strasbourg rejects Pirate Bay founders' case

Copyright above freedom: Strasbourg rejects Pirate Bay founders' case

The European Court of Human Rights has rejected a request to hear the case of two Pirate Bay founders, saying the Swedish court’s ruling was necessary to protect intellectual property rights even though it interfered with freedom of expression.

“The Court held that sharing, or allowing others to share files of this kind on the Internet, even copyright-protected material and for profit-making purposes, was covered by the right to ‘receive and impart information’ under Article 10 (freedom of expression),” the decision reads.

After a hearing last month, the Court has denied their application, arguing that the Swedish courts had already made the correct verdict.

The Strasbourg court concluded that the Stockholm ruling interferes with the right to freedom of expression, but said it was a necessary measure to protect copyright. The decision reads: “The Court concluded that the interference with the right to freedom of expression of Mr Neij and Mr Sunde Kolmisoppi had been necessary in a democratic society and that their application had therefore to be rejected as manifestly ill-founded.”

Peter Sunde and Fredrik Neij, two of the co-founders of one of the world's biggest torrent-sharing websites were charged with violation of the Copyright Act in 2008.

In April 2009, the two defendants were found to be guilty of "assisting in making copyright content available" by the judge. The businessman were sentenced to one year's imprisonment and fined 3.3 million euros after Stockholm district court heard numerous Hollywood production studios claims of copyright infringement.  A year later, their sentence was reduced but their fine increased.

In June 2012, Neij and Sunde appealed to the European Court of Human Rights arguing that their freedom of expression had been violated.

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