ISP Liability in Finland

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Recent Legislative Proposal● Formal requirements on the contents of the notice laid down inthe Act.● Copyright societies must have a PoW from the copyrightproprietors that they represent.● The copyright society would be liable for ISP's costs.● Amendment aims at providing a "soft" alternative as comparedto the Court based proceedings.● The proposed amendments are planned to enter into forceduring spring 2011.© Bird & Bird LLP 2010page 12
Recent Case Law – Case Finnreactor● Supreme Court (KKO 2010:47).● The defendants maintained a filesharingnetwork or a so-called "torrent"server or "tracking" server.● The server contained torrent/metadatafiles of computers that were connectedto the server.● The torrent files enabled the connectedcomputers to see what content wasavailable on the other computers.● The connected computers formed a P2Pnetwork.● The defendants monitored (technically)the downloading and sharing of contentper end-user (so-called "ratio number").● The effective functioning of the systemrequired not only downloading but alsosharing of content.PCPCPCTorrentServerPCPCPC© Bird & Bird LLP 2010page 13
Page 1 and 2: ISP Liability in FinlandNordic IT L
Page 3 and 4: Legal Framework● Act on Provision
Page 5 and 6: Legal Framework - Notice and Take D
Page 7 and 8: Legal Framework - Copyright Act●
Page 9 and 10: Legal Framework - Police Act● In
Page 11: Recent Legislative Proposal● Amen
Page 15 and 16: Recent Case Law - Case Finnreactor
Page 17 and 18: Recent Case Law - Case Finnreactor

ISP Liability in Finland

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