Two more things on copyright and related laws

In regards to the previously mentioned controversy around The
Pirate Bay: The signature ‘Judas’, acting as legal counsel for TPB, argues that
providing a link (in this case a .torrent file) to copyrighted
material is not copyright infringement under Swedish law. He cites the
verdict NJA 1996 s. 79 (which isn’t available on the web, so I haven’t
read it) in his support.

However, from the context he gives, it seems
to my non-legally-trained eyes that the verdict NJA
2000 s. 292
concerns a case which is much more similar to the TPB
case. The verdict is about a case where a person provided links to MP3
files that were not hosted on his site (i.e. potential infringement of
the second degree), and it ended in partial victory for the
plaintiff. Any laywers well versed in Swedish copyright law reading
this, please feel free to weigh in 🙂

On a different, but sort-of-related note, I was browsing around Nicklas Lundbergs blog some
more, and found this
interesting paper
on the legality of search engines. Two examples
in particular that interested me:

First, the quote [my
translation]: ”It’s not impossible – with regard to the things
previously said – that [search engines] would never have come into
existance if somebody had first consulted a legal expert”
— food
for thought.

Secondly, the (un-tried) argumentation that
governement agencies should not try to restrict search engine access
to their websites (through robots.txt or similar means),
since it would violate the Swedish principle
of free access to public records
. It’s particularly interesting
since Rixlex, the main
repository of swedish law texts, does just that.