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  1. A man arrested in 2015 for running a site that provided information about the Popcorn Time piracy app has been sentenced in Denmark. The 38-year-old received 20 days probation and was subjected to a financial confiscation order after he admitted being criminally complicit in the infringements carried out by ordinary Popcorn Time users. Popcorn Time, the application that became known as the ‘Netflix for Pirates’, first appeared in 2014. It was a massive success and arguably paved the way for the dozens of similar piracy apps currently available on the Android and iOS platforms. In its various guises, Popcorn Time itself managed to attract the negative attention of copyright holders who were determined to reduce the availability and visibility of the popular piracy tool. At the same time, others worked counter to these goals, either by creating their own forks of the software, distributing them, or producing guides and tutorials. Arrests in Denmark and Guilty Verdict Following a court order in June 2015, police in Denmark arrested two men in their thirties for operating two sites – Popcorntime.dk and Popcorn-time.dk. Neither linked to pirated content but instead provided guides on how to use Popcorn Time while providing information on where the software could be downloaded. In 2018, the operator of Popcorntime.dk was handed a conditional six-month prison sentence after court ruled that by spreading information about Popcorn Time, he played a part in the infringements carried out by users of the software. The defendant appealed the decision to the High Court but without success. The case was subsequently heard by the Supreme Court but that was no more effective, with the now 41-year-old man held liable for contributory copyright infringement last January. He was handed a six-month conditional sentence, 120 hours of community service, and a confiscation order for around $67,000 in advertising revenue. Guilty Plea By The Operator of Popcorn-time.dk Given the outcome in the earlier prosecution of the Popcorntime.dk operator, the man behind Popcorn-time.dk was left with few options to effectively fight his corner. According to a new announcement by anti-piracy group Rights Alliance, which was deeply involved in both cases, the man eventually took the decision to plead guilty. The case was heard at the court in Odense, which ruled that in common with the operator of Popcorntime.dk, the person behind Popcorn-time.dk also contributed to the copyright infringements carried out by regular users of Popcorn Time. “From August 2014 to August 2015, the 38-year-old on the website popcorn-time.dk recommended and guided users to download and use the illegal streaming service Popcorn Time. Defendants have also received about 10,000 kroner (US$1,565) in advertising revenue from Google for ads on the site,” Rights Alliance reports. “Defendant confessed his complicity in the dissemination of the illegal streaming service and was thus convicted of complicity in the copyright infringements that occur using Popcorn Time.” As a result of the confession, the 38-year-old was handed a conditional sentence of 20 days probation and subjected to a confiscation order to seize the advertising revenue generated by the site. The domain name popcorn-time.dk was also forfeited. Rights Alliance says the differences in the sentences between this and the earlier case can be put down to the more detailed coverage of the Popcorntime.dk platform and the scale of the revenues it generated. Courts also tend to look more favorably on defendants who admit guilt rather than those who defend a case only to be found guilty. Source: TorrentFreak
  2. The Danish State Prosecutor has confirmed its role in shutting down two popular torrent trackers and the arrest of the alleged operator of Danishbits. The operator of Nordicbits, who confirmed his involvement, was apprehended in Spain but has sinced passed away. Police, meanwhile, aren't ruling out the possibility that users of the site will be identified. Private BitTorrent trackers are niche sites in most parts of the world but in Denmark they are huge. With millions of views per month, sites such as ShareUniversity and Asgrd are among the most popular sites in the country. This was also the case with DanishBits until it suddenly went offline a few weeks ago. At the time, several sources informed us that the owner was arrested and, this week, official confirmation came in that this is indeed the case. Danishbits Operator Arrested Denmark’s State Prosecutor for Serious Economic Crime (SØIK) announced that a 33-year-old Danish man was arrested in Morocco. This followed an investigation by the authorities, which acted based on a complaint from local piracy group Rights Alliance. The Danishbits investigation, which started in 2016, revealed that the site was run professionally and that the people involved did their best to hide their identities. Payments, for example, were made through cryptocurrency. Despite these efforts, law enforcement officials managed to identify the operator, who was subsequently placed on Interpol’s wanted list. In October, the alleged ringleader of the site was eventually apprehended and jailed in Morocco, from where he will possibly be extradited to Denmark. “It’s very satisfying that the investigation led to both the arrest of the suspected operator and shutting down the network. It succeeded thanks to the sustained collaboration between our specialized investigators, prosecutors, and IT experts,” says Deputy Police Inspector Michael Lichtenstein. Nordicbits Shut Down, Operator Passed Away Danishbits was not the only private tracker to disappear this fall. The same happened to Nordicbits. This site, which was smaller than its competitor, was also reported to the authorities by Rights Alliance in 2018. After a detailed investigation, the authorities identified a 69-year-old Danish man as the operator. The man, who resided in Spain, was apprehended by local police in September. After being questioned the Nordicbits operator admitted his involvement in the site and agreed to shut it down voluntarily. The Danish prosecution intended to take the operator to court. However, the man was seriously ill and recently passed away. Targeting Users? In both cases, law enforcement officials managed to seize data which will be used for further investigation. Deputy Police Inspector Michael Lichtenstein doesn’t rule out that users will be identified as well. “The most important thing is clearly to stop the illegal services, but it can certainly not be ruled out that seized data can lead to the identification of the users of the two illegal networks,” he says. Despite this warning, private torrent trackers continue to flourish in Denmark. The two sites that were shut down had roughly 45,000 registered users, many of whom went to other Danish trackers. Rights Alliance says that the users of these sites know all too well that they are breaking the law. The anti-piracy group is also happy that the authorities will consider follow-up steps. “We are pleased that the announcement of the State Prosecutor for Serious Economic Crime also reflects the importance of an increased focus on users’ illegal behavior,” Right Alliance CEO Maria Fredenslund says. Thus far, however, these users don’t seem to be particularly bothered. After the shutdowns ShareUniversity saw a 500% increase in visits, and Asgrd’s traffic jumped up by more than 750%. Right Alliance informs TorrentFreak that they are aware of the growth of these sites and urges them to give up their illegal activities. If not, they will get the same treatment as DanishBits and NordicBits. Source: TorrentFreak
  3. The largest university in Denmark has signed a code of conduct with local anti-piracy outfit Rights Alliance to block access to pirate sites. Aarhus University will voluntarily prevent its 38,000 students from accessing sites that have previously been ruled illegal by a court, but without being served with a court order itself. Today’s site-blocking measures to counter online copyright infringement may seem relatively new but Denmark has been engaged in the practice for almost 15 years. Pirate Site Blocking in Denmark After initial target AllofMP3 was first ordered to be blocked by local ISP Tele2 back in 2006 following action by the IFPI, anti-piracy group Rights Alliance picked up the baton. As a result, almost 500 sites are now blocked by ISPs in the country but not all are legally required to do so. This is the result of a Code of Conduct agreed with local Internet providers, which voluntarily block pirate sites once a court has ruled them to be illegal. This agreement was renewed in the summer and now helps to quickly block torrent, streaming and similar platforms that switch domains or deploy proxies to circumvent blocking orders. Interestingly, it now transpires that Rights Alliance has managed to expand this voluntary scheme beyond consumer ISPs to encompass the country’s largest university. University Will Block Pirate Site Access Based in the second-largest city in Denmark, Aarhus University currently plays host to 38,000 students, 1,800 PhD students, and 8,000 employees. After being established in 1928, it’s now the country’s largest university and probably has its fair share of students choosing to scoop up movies, TV shows and music from pirate sites. That, however, will be more difficult moving forward. On August 20, 2020, Rights Alliance and Aarhus University entered into a Code of Conduct Agreement that requires the education facility to prevent users of its network from accessing pirate sites. Whether a site is given this label will be down to the courts, which will have to rule that a site is seriously infringing before it gets blocked under the agreement. According to Rights Alliance, which reported the news Monday, the agreement will put the university on an equal footing with the country’s Internet service providers when it comes to voluntary action against pirate sites. Progress Welcomed by Rights Alliance, Expansion Sought “The illegal services are run by criminals and undermine the livelihoods of creative producers. It is therefore crucial that the blocking of the services is as effective as possible, and that public institutions and the like that offer Internet access participate in the blocking effort,” a statement from the anti-piracy group reads. “The fact that an institution as large and significant as Aarhus University engages and participates in the efforts against illegal services helps to ensure the effectiveness of the Rights Alliance’s blocking efforts against the illegal market, thereby strengthening the strength of Danish cooperation between rights holders, Internet providers and authorities.” As the founder of pirate site blocking as we know it today, Denmark is keen to expand its efforts in this arena. Rights Alliance is now looking for other “significant network providers and institutions” to join its voluntary scheme in order to put further pressure on the pirate market. Source: TorrentFreak
  4. Danishbits, one of the largest private torrent trackers on the Internet and particularly popular in Denmark, has shut down. Several insiders report that the site's owner was arrested recently. Other staff members can't take over because they don't have full access to the servers. Meanwhile, rival trackers are opening their doors to welcome new users. With millions of views per month, DanishBits (DB) was one of the most popular private torrent trackers on the web. As its name suggests, the site operated from Denmark and it mostly served visitors from the Scandinavian country, where it was more popular than public torrent sites. A few days ago this reign came to an end. All of a sudden the site became unreachable and, according to several people close to the fire, this is the result of an investigation into the site’s operators. Owner Arrested? One staff member informed TorrentFreak that one of the owners was arrested earlier this month. While this has yet to be confirmed by the authorities, a message posted on Pastebin, confirms the trouble. “Dear users, with pain in our heart we must inform you that DB as you all know it, and which you all have loved, unfortunately seems to have reached the end of the road,” the note reads, translated from Danish “We have been informed that important people behind DB have unfortunately been caught by the long arm of the law. These people were in charge of running the site and the current downtime is simply due to the fact that they are not present to solve them.” The statement leaves some wiggle room, as there is no official confirmation of any arrest. We have reached out to a source close to law enforcement who confirmed that something is indeed going on, but no information can be shared at this moment. Servers Were Encrypted The DanishBits staffer informed us that the privacy of users was secured. No data was leaked as the servers are still online and encrypted. However, the man who was supposedly arrested was the only person with full access and the rest of the staff can’t control the servers. This statement is backed up by the note that was posted in public which mentions that “all servers run full encryption and it’s practically impossible to access data, even if the servers behind the page should be seized.” Technically, the site’s owner could still access the server and hand over information voluntarily, but that’s all speculation at this point. For now, it seems unlikely that DanishBits will return. Without access to the database, the site will have to start from scratch which is a monumental task. While some staffers still have a glimmer of “hope,” that may mostly be wishful thinking. Other Trackers Take Over The message they shared in public reads like a farewell note too. The staffers thank all people who have supported the site over the years and apologize for initially remaining quiet during the downtime. Several comeback options were considered, but none were viable. “We wanted to exhaust all our options before we announced this out, it is of course not our wish that the site should go this way,” they write, encouraging competing trackers to open their doors to new users. “All staffers would also like to send a request to the remaining Danish trackers (ShareUniversity and Asgrd) to open up signup so that users on DB can find a new place and download their daily content.” This message was heard, it seems, as both trackers are open for registration at the time of writing. —- Update: Shortly after we published this article the Danish anti-piracy group Rights Alliance confirmed that it reported the service to the police back in 2016. Source: TorrentFreak
  5. The Danish Ministry of Culture and Rights Alliance have brokered an anti-piracy agreement with various key players in the online media world. Under the new deal, Denmark’s biggest media outlets, advertising companies, and payment processors will try to cut off revenue streams to pirate sites. The list of blocked sites remains private but includes some 350 URLs. In recent years, various copyright holder groups have advocated for initiatives to cut off funding to pirate sites. This “follow-the-money” approach is complex as it requires voluntary cooperation from various third-party services such as payment processors, hosting companies, advertisers, and search engines. In Denmark, local anti-piracy group Rights Alliance has been working on this issue for several years and this week revealed a breakthrough. Together with the Danish Ministry of Culture, the group announced a new anti-piracy deal. Anti-Piracy Codex Agreement The Codex agreement, which is signed by several of Denmark’s biggest media agencies, advertising outfits, payment processors, and industry organizations, expands an earlier initiative that was limited to the advertising industry. All parties that signed the deal have agreed to ban pirate sites to the best of their abilities. Ideally, this should lead to fewer ads on pirate sites and decreased payment processing options, among other things. How this is achieved will vary from company to company. The agreement is the result of an initiative by the Ministry of Culture which started in 2013. Through a government-led series of hearings, various key players were brought together, which ultimately led to the cooperation that was announced this week. Danish Minister of Culture Joy Mogensen is happy with the progress made and hopes it will help put a dent in the ongoing piracy problem. “It is important that we stand together to ensure that advertisements for legal services and products do not inadvertently end up on illegal websites and in this way indirectly help to finance illegal activities. That is why I am pleased that there is so much support for the Codex agreement from the key digital players,” Mogensen says. Dedicated Anti-Piracy Measures All signatories agreed to a set of anti-piracy obligations. For example, they will distance themselves from pirate services, implement concrete anti-piracy policies, and block known pirate sites wherever possible. From the Codex Agreement The known pirate sites are placed on a “cooperation list” which is intentionally kept secret. In fact, signees are specifically forbidden from sharing it with outsiders. Unpublished Blocklist “As a rule, the Cooperation List is not public in its entirety and is only available to those companies who cooperate on the list so that sites with illegal content are not highlighted unnecessarily,” the agreement reads. TorrentFreak reached out to the Danish Rights Alliance to get some more context. Unsurprisingly, the group couldn’t share the full blocklist but director Maria Fredenslund informed us that it contains roughly 350 URLs including Thepiratebay.org, Popcorn-Time.is, as well as the defunct Grooveshark.com site. These URLs are based on Danish site-blocking orders, issued by local courts. However, the Rights Alliance would like to see it expanded in the future. For example, sites can be added based on set criteria, similar to WIPO’s piracy blacklist. “This list is based on dynamic court orders, however, we believe that it is essential to expand with sites which are illegal based on approved criteria – inspired by WIPO’s list,” Fredenslund tells TorrentFreak. Will It Work? Time will tell how effective the Codex agreement will be. TorrentFreak reached out to two signees, media and advertising agency OMD and the publishing industry organization Danske Medier, but both said they have no way to directly measure the effects. Allan Sørensen from Danske Medier says that individual publishers always had the option to block campaigns from illegal sites. However, that wasn’t always easy, as not all ads are separately approved and it’s not always clear what a pirate site is. With the Codex blocklist, this will be easier. “It’s safe to say that a lot fewer banners from copyright-infringing sites are being shown as a consequence of this initiative and it has greatly improved the efforts needed from publishers and the legal certainty in the matter,” Sørensen says. While that is certainly true, there are always advertising companies who won’t shy away from pirate sites. Some even seek them out specifically. And on the payment side, some cryptocurrencies are impossible to cut off. More information on the Codex agreement and other signatories, which also include Microsoft News, Adform, Jubii Media Group, Eurocard, and Xandr, is available on the Rights Alliance website. Source: TorrentFreak
  6. A mass copyright-trolling scheme in Denmark is at risk of boiling over into criminal action against the companies involved. After hundreds of cases against alleged pirates were kicked out over recent months due to the plaintiffs having no right to sue, a court has warned that the campaign may be threatening Danes' legal security. So-called ‘copyright trolling’ campaigns against alleged file-sharers is huge business in both the United States and Europe. The goal is to have courts order ISPs to hand over the personal details behind an IP address so that subscribers can be put under pressure to pay a settlement or face punishing legal action. In Denmark, especially considering its relatively small population, such schemes are now extremely prevalent. But all is not well for the main players. Cases Undermined Due to Rookie Mistakes It’s not always easy to tell the difference between a regular copyright lawsuit and one filed by a supposed ‘copyright troll’. However, when middle-man companies appear in the mix, those which appear to have no place in the proceedings other than to provide some kind of shield for the real rightsholders, red flags start to get raised. For those on the receiving end, however, that’s not always bad news. As reported in April, a High Court in Denmark threw out three copyright infringement cases against alleged pirates. The problem was that Copyright Management Services, a UK middle-man company working with Danish law firm NJORD Law, attempted to squeeze around US$1,000 from the defendants to prevent further action from their movie company partners. Unfortunately for them, however, the Eastern High Court found that CMS had absolutely no right to sue. As a result, the cases were dismissed and the opportunists were sent on their way. But that wasn’t the end of the road. Dozens and Dozens of Cases Collapse The findings of the Eastern High Court created momentum. Since then, it’s believed that around 100 other cases have been dismissed on the same grounds, including three reported by the Court of Frederiksberg this week. The three cases emerged following judgments obtained against three defendants, one of whom reportedly torrented an adult movie and another London Has Fallen, a common title in similar lawsuits elsewhere. After failing to appear last year to defend themselves, each was ordered to pay 7,500 kroner (US$1,237) in default damages. All three failed to pay, so each found themselves pursued through the bailiff’s court by the ‘plaintiffs’. However, the court in Frederiksberg has booted out all three cases (1,2,3), referencing earlier cases that found that CMS had no right to sue. In fact, not only did the court reference the failed case in April, it also referred to another 39 rulings by the same court and another 60 handed down by the Copenhagen City Court, all of which found that CMS had no right to bring these copyright cases as it had no standing to be the plaintiff. Hundreds of Thousands of Danes Potentially Affected These types of lawsuits have been ongoing for several years in Denmark and despite warnings, very little has been done to prevent their spread. In 2018, ISPs Telenor and Telia put up a fight but the damage had already been done. According to a report by Berlingske this week, at least 2,500 Danes could be affected and potentially up to 200,000. “It’s a big money machine where you treat the courts as ATMs,” lawyer Allan Ohms told the publication. “Njord Law Firm is a reputable law firm, so I do not understand why they are involved.” The Berlingske report catalogs many horrors, including the targeting of an 84-year-old woman with dementia and a 41-year-old man who had to sit in court while being accused of downloading porn, because his age and gender “matched the profile” of someone who would’ve carried out the crime. The case was dismissed but a family member recalls that the case took its toll. “I clearly remember when he came home after the trial. He was completely devastated. As an ordinary citizen one stands completely defenseless in this situation. That can simply not be right,” the person said. But many people have already settled with NJORD law and its apparently shadowy partners, about which very little is known. Lawyer Nikolaj Linneballe said that no one really knows who is pulling the strings behind the scenes and, importantly, who is collecting all the money from cases that should have never been brought. He believes the settlement money should be returned when it has been shown that plaintiffs had no right to bring a case but whether that will ever happen is unknown. Court Suggests That The Lawsuits May Be Illegal As reported by Berlingske, the Court of Frederiksberg appears to be of the opinion that the lawsuits in these ‘false plaintiff’ cases may be illegal. Indeed, the suggestion is that Danes affected by the action may be able to file a claim for damages via a criminal complaint. While that may be the case, by design these middle-man companies seem primed to collapse like chocolate teapots should the battle turn sour. But nonetheless, things are certainly in a mess. Aside from CMS’s lack of standing to bring any of these cases, NJORD law stands accused of requesting an arbitrary amount of 7,500 kroner to settle each case, regardless of the costs incurred in the matter. This raises the question of how “real” these claims for compensation are, despite the fact they should’ve never been brought at all. “[The] amount is arbitrarily fixed for the occasion, and not an amount where there is an expression of a real claim for compensation, remuneration or allowance,” the court previously said, noting that the actions constitute a potentially significant “legal security problem” for Danes. One of the problems is the starting point of the law firm and its partners. Those accused are considered guilty unless they are able to prove their innocence, which in most cases is not possible, since the companies involved hold all of the ‘evidence’, including who is supposed to have shared what, when, and with whom. Indeed, the collection and presentation of evidence is held in a tightly closed-loop, since it’s all handled non-transparently by entities acting in concert with the plaintiffs and rightsholders. The defendants have no access to the audit trails so are faced with the problem of arguing against a spreadsheet. In many respects, copyright-trolling has rarely been any different. The smoke and mirrors are fairly standard, as are the strong-arm tactics. But maybe Denmark has had enough now, which is usually a signal for the trolls to move to another territory and start the same thing all over again. Source: TorrentFreak
  7. Danish anti-piracy group Rights Alliance has declared victory on local private torrent trackers. Following a series of enforcement actions, arrests, and legal pressure, all popular pirate sites with Danish roots have reportedly shut down. This is a "huge victory for the Danish rights holders" according to the group, which is now keeping a lookout for newcomers. Private torrent sites with Danish roots have long been the go-to place for file-sharers in Denmark, but that changed rapidly in recent weeks. After a series of enforcement actions and legal threats, ‘all’ local trackers are gone. Arrests The trouble started in October last year when DanishBits suddenly went offline. At the time, several sources informed us that the owner had been arrested and these claims were later confirmed by the police. Acting on a complaint from local piracy group Rights Alliance, the State Prosecutor for Serious Economic Crime (SØIK) arrested a 33-year-old Danish man in Morocco. And that wasn’t the only site that was targeted. Law enforcement also went after the private tracker Nordicbits. The authorities identified a 69-year-old Danish man as the operator. The man, who resided in Spain, was apprehended by local police in September and passed away a few weeks later as the result of an illness. Other Sites Tooks Over The shutdown of these sites was a major blow to the local piracy ecosystem but it didn’t take long before other sites stepped up. Both Asgaard and ShareUniversity opened their doors to new members, resulting in an explosive growth of these sites. This is a common pattern that we have seen over and over again. This time, however, the replacements didn’t last. Rights Alliance increased the pressure on the remaining trackers, urging them to give up their illegal activities. If not, they would get the same treatment as DanishBits and NordicBits. This looming threat of legal action ultimately proved too much. A few weeks ago we reported that Asgaard had decided to shut down voluntarily. “The thought of having to risk the doorbell ringing one day for a visit from the police overshadows the coziness of running this project. We will not expose you to that. Or ourselves. We have therefore chosen to close the ASGAARD project,” Asgaard’s staff said. ‘All’ Sites Shut Down Soon after, ShareUniversity decided to throw in the towel as well. This means that all popular Danish trackers are effectively offline, leaving tens of thousands of users ‘homeless’. Rights Alliance confirms that the shutdown of the last illegal Danish pirate services is a massive victory. Director Maria Fredenslund is delighted with the outcome, which the group has worked on for many years. Result of 10 Years of Work “We have worked hard to get rid of illegal services rooted in Denmark. It is the fruit of more than 10 years of dedicated work, that it is now a reality that for the first time there are no Danish illegal services, which is a huge victory for the Danish rights holders,” she says. “Meanwhile, we are of course aware that new smaller pirate services may emerge on an ongoing basis, which will try to find a foothold. But it is our clear expectation that with these latest developments, we have drawn a line under the Danish-anchored illegal services,” Fredenslund adds. Declaring victory on pirates is always tricky, as some may see it as a challenge to start something new. However, such an endeavor won’t be without risk. Remaining Vigilant Rights Alliance is aware of this, and it knows that estranged pirates can find their way to foreign sites as well. However, it hopes that their efforts will have made a sizeable impact on the long-term piracy rate. Meanwhile, the group is encouraging the Government’s SØIK’s IP-Task Force to keep up the pressure. Now that Danish sites are gone, law enforcement has the room to focus more on users. “It is extremely important that the Task Force continues its good work, and now focuses on the committed users who are constantly looking for new ways to share illegal content,” Fredenslund says. “The Task Force has already proved to be extremely effective and impactful in closing down the illegal services, and we can see from the various platforms that it resonates with the users,” she adds. Source: TorrentFreak
  8. The Copenhagen City Court has dismissed a copyright infringement claim against a man who stood accused of movie piracy. Proving one's innocence can be tricky in file-sharing lawsuits. In this case, however, bank records were particularly helpful as these revealed that the man wasn't anywhere near his home at the time of the offense. In recent years, millions of file-sharers all over the world have been pressed to pay hefty settlement fees, or face their day in court. The process was pioneered in Germany where it turned into an industry in itself, and copyright holders later went after alleged pirates in the US, Canada, the UK, Sweden and elsewhere. These so-called “copyright trolls” are also active in Denmark. While some ISPs have protested what they describe as ‘mafia-like‘ practices, well over 150,000 Internet subscribers are believed to have been targeted. A massive number, for a population of fewer than six million people. While a large percentage of the targeted users choose to settle, some cases are litigated. In court, the judgments can vary quite a bit. When defendants have a secured Wifi network they can be held liable, but the Copenhagen City Court recently dismissed all claims against an accused pirate, despite having a secure WiFi connection. The man, who was a student living in Odense at the time of the offense, was sued by a movie company. The name of the company is redacted in court records but the defendant stood accused of sharing a pirated film from his IP-address during the summer of 2015. More than two years later, the movie company sent the suspected pirate a letter requesting a settlement. However, the man denied the allegations, after which the matter made its way to court. Since the evidence showed that the pirated movie was indeed linked to the defendant’s IP-address on a properly secured network, the movie company thought it had a strong case. However, the defendant continued to deny the allegations and presented some strong counter-evidence in return. Although his memory of that day, years ago, wasn’t crystal clear, bank records showed that the man used his payment card at 7:59 PM, roughly 160 kilometers from his home, while the download was logged at 6:39 PM. Based on the evidence, as well as the defendant’s testimony that he took his computer with him, the Copenhagen City Court agreed that he was probably not at home when the offense was logged. Although it’s not indisputable, the court found it unlikely that the man shared the movie himself. “The court finds that the defendant [through the bank records] and his explanation that he had his computer with him, has shown concrete circumstances that with great certainty exclude the possibility that he himself was present at the address, or via his computer, picked up the movie at the address while he was not at home. “The defendant hereby disproves the presumption that he himself shared or downloaded the movie at the time, which is why the case is dismissed,” the Copenhagen City Court adds. The ruling will add to the growing list of jurisprudence in the piracy realm. As mentioned by Lexology, several file-sharing cases in Denmark are currently on hold, pending judgments from the Eastern High Court, which is likely to further clarify when account holders can be held liable. Source
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