Market Court’s ruling expected to stem flow of copyright letters

[Len]

Copyright holders will henceforth have to present more evidence of suspected copyright violations in order to gain access to the personal details of the suspects.

Finnish law firms may soon no longer be able to send demand letters to people suspected of violating copyright laws, reports Kauppalehti.

The Market Court of Finland in June issued a ruling imposing stricter evidentiary requirements on law firms for demanding that internet service providers disclose the identities of subscribers suspected of downloading or sharing copyright protected content in peer-to-peer networks.
The ruling should at least spare the internet users who are suspected of illegally downloading or sharing small quantities of audiovisual contents, such as films or music, from the intimidating letters sent in high numbers by law firms since 2006.

Copyright holders are able to compel internet service providers to disclose the identifies of subscribers who are believed to have downloaded or shared copyright-protected content in peer-to-peer networks by filing a petition with the Market Court. Subscribers have faced legal repercussions even for downloading a single episode of a television programme.

The Market Court’s ruling, however, indicates that henceforth the petitions of copyright holders will be considered only if a subscriber is suspected of “substantial” copyright violations.

The ruling also expands the evidentiary burden of copyright holders.

Kauppalehti believes the ruling will effectively prevent law firms from sending demand letters in the current extent after exhausting their existing databases.

Joni Hatanmaa, a lawyer at Hedman Partners, reminds that it is premature to speculate on the impact of the ruling due to the ambiguity associated with the term “substantial” copyright violation.

“It’s too early to tell how the ruling will change the position of the Market Court,” he says to Kauppalehti.

The ruling will also enhance privacy protection for internet users, predicts Jussi Kari, a lawyer at Turre Legal, a law firm representing the recipients of demand letters. “The number of copyright letters is likely to decrease, but it remains to be seen whether they’ll stop completely,” he tells the commerce-oriented newspaper.

The demands of copyright holders have been rather moderate in the majority of cases. Hatanmaa, for example, reveals that the damages claims set forth in 85 per cent of the letters sent by Hedman Partners have not exceeded one thousand euros.