IFPI Finland orders Elisa internet service provider to prevent its clients from accessing Pirate Bay website

Elisa waits for court decision before taking action

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IFPI Finland, the Finnish National Group of IFPI (International Federation of the Phonographic Industry), has embarked on a legal battle against the Swedish anti-copyright website, The Pirate Bay. According to IFPI Finland, the Pirate Bay website enables illegal downloading of copyright protected music recordings, without the copyright holders receiving any compensation.
      IFPI Finland is demanding that the Helsinki District Court order teleoperator Elisa to take steps to prevent its clients from accessing the Pirate Bay site at thepiratebay.org.
      The request has been made by the Copyright Information and Anti-Piracy Centre (CIAPC).
     
The claim targets Elisa, but IFPI Finland may request other Internet service providers to follow suit.
      Lauri Rechardt, chief executive of IFPI Finland, says that the development of a legal online download market is not going to be possible in Finland as long as websites such as The Pirate Bay are allowed to continue in operation.
      According to Rechardt, in the first instance the legal action was focused only on Elisa, because the request has to be directed against each service provider individually - unless of course a possible conviction causes the others to opt for changing their policy.
      Last year a Swedish Court of Appeal judgement found that found that "The Pirate Bay has facilitated illegal file sharing in a way that results in criminal liability for those who run the service" and ordered The Pirate Bay to pay EUR 4.5 million in damages for illegal distribution of music and films. The administrators of the site were given custodial sentences of between 4 and 10 months in length.
      The ruling, which saw reduced prison sentences but increased damages, failed to put a stop to the operation of the Internet site, which is registered in the Seychelles.
     
Elisa product director Panu Lehti says that the demand from IFPI Finland is exceptional, especially because it is directed against only one operator.
      “Elisa does not takes sides in relation to the activities of The Pirate Bay. We will wait for a decision by the Helsinki District Court. For now the matter does not affect the services provided by Elisa in any way”, Lehti says.
      According to Lehti, Elisa absolutely opposes piratism and illegal distribution of copyright-protected contents.
      In Pirate Party of Finland deputy chairman Ahto Apajalahti’s view, disallowing the operation of the Pirate Bay website would be a form of censorship.
      The IFPI Finland application is based on Articles 60 b and 60 c of the Copyright Act, according to which a court of law can order a service provider acting as a middleman to suspend the public’s access to the material that is said to violate copyright laws.
      The Pirate Party is looking to have the articles in question removed from the Act. In its view The Pirate Bay does not distribute illegal copies, but merely assists Internet users in connecting with each other.
     
”Is the CIAPC going to request the closing of YouTube next?” Apajalahti asks.
      Rechardt of IFPI Finland regards the Pirate Party’s accusations as childish.
      “This has nothing whatsoever to do with censorship. We are merely trying to put a stop to a blatant copyright violation”, Rechardt says.
      “Under no circumstance are we seeking to have YouTube shut down, for it aims to respect the copyright regulations in its operations.”


Previously in HS International Edition:
  Pirate Party gets official political party status (20.8.2009)

Links:
  The Pirate Bay (Wikipedia)
  Copyright Information and Anti-Piracy Centre
  IFPI Finland
  Pirate Party of Finland

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