After deliberating for almost a month the Stockholm District Court has decided that copyright holders can not force a Swedish ISP to block the The Pirate Bay. The Court found that Bredbandsbolaget's operations do not amount to participation in the copyright infringement offenses carried out by some of its 'pirate' subscribers.

The Pirate Bay is blocked by dozens of ISPs around Europe but anti-piracy outfits have always hoped that one day the notorious site would be rendered inaccessible in Sweden, its country of origin.

To that end, Universal Music, Sony Music, Warner Music, Nordisk Film and the Swedish Film Industry teamed up in a lawsuit last year designed to force Swedish ISP Bredbandsbolaget (Broadband Company) to block the site.

They claimed that the ISP should be held liable for the infringements of its customers, unless it blocks Pirate Bay.

Bredbandsbolaget flat out refused to comply, stating categorically that its only role is to provide customers with Internet access while facilitating the free-flow of information. The case went to trial and was heard in the Stockholm District Court during October. After nearly a month the Court has handed down its decision and its a huge win for the ISP and, indirectly, two famous pirate sites.

In a ruling handed down just minutes ago, the Stockholm District Court completely rejected rightsholder demands that Bredbandsbolaget should block its subscribers from accessing The Pirate Bay and streaming portal Swefilmer.

The Court reports that the case was heard in light of an EU directive which notes that member states shall ensure that rightholders have the possibility to ask for an injunction against intermediaries whose services are used by a third party to commit copyright infringement.

The District Court says that in its opinion Swedish legislation meets the requirements of the Infosoc directive. Furthermore, the Court also considers that the actions of Bredbandsbolaget do not constitute participation in crimes in accordance with Swedish law.

“A unanimous District Court considers, therefore, that it is not in a position to authorize such a ban as the rights holders want and therefore rejects their request,” said presiding Chief Magistrate Anders Dereborg.

Of course, there are higher courts in Sweden and it is very likely that’s where this case will end up. Today’s decision can be taken to the Svea Court of Appeal no later than December 18, 2015.

In the meantime the plaintiffs in the case must pay Bredbandsbolaget’s costs, expected to exceed US$160,000.

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