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

Carlos Ayala aiarakoa at yahoo.es
Wed Mar 12 13:31:47 CET 2008

----- Mensaje original ----
De: Rick Falkvinge (Piratpartiet) <rick at piratpartiet.se>
Enviado: miércoles, 12 de marzo, 2008 13:13:32
> 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).

That's so disgusting ... prison for non lucrative infringment, it's a crazed move!

> 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.)

Sure, let's wait for Danish pirates to give a hand on this :)

> 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.

That's not the only compromised law principle, the intent-to-commit; also, as Millner and myself said before, the proportionality principle, also the minimun intervention principle -one of the ruling principles of Spanish criminal law: if a pattern for law application turns everyone into criminals, then that's a wrong pattern-, and others. Regards

                                                                                          Carlos   Ayala
                                                                                          ( Aiarakoa )

                                                                     Partido Pirata National Board's Chairman

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