ISP Liability in Finland

Recent Case Law – Case Finnreactor● First time that the Supreme Court assessed the joint activity ofmany in a communication network as grounds for copyrightviolation.● The Supreme Court found that• copyright protection shall not be dependent on the technicalexecution of the illegal sharing;• although the defendants have not themselves shared the protectedworks, the torrent files have been necessary for downloading andcopying the content files;• the torrent server has been set-up for the sole purpose of sharingworks protected by copyright and therefore the activity of thedefendants must be reviewed as a whole, not separately for eachdefendant (except for the relevance of each individual personsacts for the purposes of criminal liability);© Bird & Bird LLP 2010page 15