[pp.int.general] Denmark announces new penalties for filesharing

[Rick Falkvinge (Piratpartiet)]

There appears to be a six-year prison sentence for copyright infringement
for commercial gain, and a 1.5-year maximum prison sentence for
noncommercial copyright infringement (with fines for less serious offences).
 
But I can read Danish only to the point that I get the general idea about
what is being talked about, and this is legal text, and one where the real
consequences have been deliberately obscured. Our Danish friends are most
welcome to help out. I have attached the fresh reports to this mail.
 
(I imagine it would be something like you reading legal Portuguese.)
 
In any case, criminalizing patent infringements is seriously bad enough. It
would remove the entire principle of intent-to-commit from due criminal
process; you could be guilty of a crime giving six years in prison without
knowing or intending to do something illegal, and only after a lengthy civil
proceeding which is known to be more of a lottery.
 


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From: pp.international.general-bounces at lists.pirateweb.net
[mailto:pp.international.general-bounces at lists.pirateweb.net] On Behalf Of
Carlos Ayala
Sent: Wednesday, March 12, 2008 13:02
To: pp.international.general at lists.pirateweb.net;
partidopirata at partidopirata.es
Subject: Re: [pp.int.general] Denmark announces new penalties for
filesharing


---- Mensaje original ----
De: Rick Falkvinge (Piratpartiet) <rick at piratpartiet.se>
Enviado: miércoles, 12 de marzo, 2008 12:11:22
> http://www.oem.dk/sw21117.asp
> In short: the penalty for copyright infringement is raised to 1-6 years in
prison. That means a minimum prison term of
> one year for copyright infringement.
>
> This is the same penalty as armed robbery, and considerably higher than
assault or rape. (I have compared to the
> Swedish penalties, so it's not entirely red-apples-to-red-apples, but they
are always strikingly similar, so
> green-apples-to-red-apples.)
  
Exactly ... which kind of ... "copyright infringement"? I mean, there is a
Law principle called proportionality principle, which states that the amount
of the penalty must be proportionated to the seriousness of the crime
-assuming that this would be a crime (depending on what's meant with
"copyright infringement", we lads may conclude it is not :) )-.

So even if it's a lucrative -i.e.: having cash incomings- copyright
infringement, the penalty may be understood as extremely disproportional -in
Spain there is an up
<http://noticias.juridicas.com/base_datos/Penal/lo10-1995.l2t13.html#c11s1>
to two years penalty for lucrative copyright infringement-; thus, if it's a
non lucrative copyright infringment ... then it shouldn't even be illegal at
all. May you give some more information about it, please Rick? Regards


 
Carlos Ayala
 
( Aiarakoa )

                                                                 Partido
Pirata National Board's Chairman


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Enviado desde Correo Yahoo!
Disfruta
<http://us.rd.yahoo.com/mailuk/taglines/isp/control/*http://us.rd.yahoo.com/
evt=52431/*http://es.docs.yahoo.com/mail/overview/index.html> de una bandeja
de entrada más inteligente..


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