All pastes #959961 Raw Edit

Untitled

public text v1 · immutable
#959961 ·published 2008-03-27 20:08 UTC
rendered paste body
<azk> At 15:50 the verdict came in the case of Istorrent vs Smáís (Icelandic MPAA).
<azk> The Smáís organization is going to appeal the case to the Supreme court and
<azk> the restraint of using the torrent.is url as a tracker is still in effect.
<azk>  The reasons for the dismissal were based on the electronic business & 
<azk> other electronic services laws passed 2002. The verdict explains:
<azk> "In the general comments about the bill that was passed 2002 it is stated
<azk> that a service which does not collect any payment from a consumer can
<azk> fall under the concept [of a business], since it does entail a business 
<azk> endeavour. In that way a service that offers ad-endorsed information gathering
<azk> can as well fall under the concept. As well as a service that entails
<azk> data searching or making data accessible can be considered an electronic 
<azk> service, even if the party who asks for the access/search does not pay 
<azk> for said service." The court sees Torrent.is as such a service.
<azk> A while later in the verdict:
<azk> "The definition of a client, according to the law, is a person or a firm that
<azk> with a commercial or other purpose uses an electronic service  but the 
<azk> service provider is a person or firm that gives electronic service".
<azk> "In the verdict it says that the case is considered faulty because neither 
<azk> parties discussed the meaning of the digital(not sure) laws in this case
<azk> and that it's not the court's place to do so independently"