https://torrentfreak.com/sweden-considers-six-years-in-jail-for-online-pirates-180218/
Sweden Considers Six Years in Jail For Online Pirates
Sweden's Minister for Justice has received recommendations as to how
the country should punish online pirates. Heléne Fritzon received a
proposal which would create crimes of gross infringement under both
copyright and trademark law, leading to sentences of up to six years
in prison. The changes would also ensure that non-physical property,
such as domain names, can be seized.
Ever since the infamous Pirate Bay trial more than a decade ago,
prosecutors in Sweden have called for a tougher approach to breaches
of copyright law. In general terms, the country has been painted as
soft on infringement but that could all be about to change.
After reaching the conclusion that penalties in Sweden “appear to be
low” when compared to those on the international stage, the government
sought advice on how such crimes can be punished, not only more
severely, but also in proportion to the alleged damage caused.
In response, Minister for Justice Heléne Fritzon received a report
this week. It proposes a new tier of offenses with “special”
punishments to tackle large-scale copyright infringement and “serious”
trademark infringement.
Presented by Council of Justice member Dag Mattsson, the report
envisions new criminal designations and crime being divided into two
levels of seriousness.
“A person who has been found guilty of copyright infringement or
trademark infringement of a normal grade may be sentenced to fines or
imprisonment up to a maximum of two years,” the government notes.
“In cases of gross crimes, a person may be convicted of gross
copyright infringement or gross trademark infringement and sent to
prison for at least six months and not more than six years.”
Last year the Supreme Court found that although prison sentences can
be handed down in such cases, there were no legislative indications
that copyright infringement should be penalized via a term of
imprisonment.
For an idea of the level of change, one only need refer to The Pirate
Bay case, which would undoubtedly be considered as “gross
infringement” under the new proposals.
Under the new rules, defendants Peter Sunde, Fredrik Neij and Carl
Lundström would be sentenced to a minimum of six months and a maximum
of six years. As things stood, with infringement being dealt with via
fines or up to two years’ imprisonment, they were sentenced to prison
terms of eight, ten and four months respectively.
Under the new proposals, damage to rightsholders and monetary gain by
the defendant would be taken into account when assessing whether a
crime is “gross” or not. This raises the question of whether someone
sharing a single pre-release movie could be deemed a gross infringer
even if no money was made.
Also of interest are proposals that would enable the state to
confiscate all kinds of property, both physical items and more
intangible assets such as domain names. This proposal is a clear nod
towards the Pirate Bay case which dragged on for several years before
the state was able to take over its
thepiratebay.se domain.
“Today there is organized online piracy that has major consequences
for the whole community,” Minister Fritzon said in a statement.
“Therefore, it is good that the punishments for these crimes have been
reviewed, as the sentence will then be proportional to the seriousness
of the crime.”
The legislative amendments are proposed to enter into force on July 1,
2019.