Denmark and Pirate Bay - Oscar writes important stuff in English

My friend Oscar Swartz today in english explains the issues with court ruling in Denmark related to Pirate Bay. He suggest the case must be taken to the European Court of Justice for a ruling.

Oscar writes that he, as one of the first persons in Sweden that started an ISP, with a gut reaction felt the decision in Denmark is wrong, reacted to it (in Swedish), but on the other hand, without deeper research into the legal background.

Now he has made some research. And I will claim that the interpretation of law in Denmark is not compatible with the Infosoc Directive, 2001/29/EG [PDF], that formed the basis of the copyright law that the Danish courts apply (Lov om Ophavsret). I invite law professors and scholars and anyone who wish to discuss this here on my blog or all over the net. Link this article! This is important. It is about the future of the whole Telecom and ISP industry because IFPI will now pressure other countries to apply it.

Persons, anyone, should read what Oscar has written.

Updated: Oscar has clarified what he wrote in a 2nd post:

As I say in my former posting: Blocking may (unfortunately!) still be performed, because of Article 8.3 in the directive. But the courts would have to use completely different arguments than in the current judgements. And I believe that it would be more difficult to block under such circumstances. It would also become a more openly political question. Now it is strictly technical: The router performs illegal copying. Nothing to discuss, really.

This is what everyone is waiting for, myself, Oscar, others. That politicians wake up, understand they live in the 21st century, and make political decisions on what world they want in the future. As it is today, neither the prime minister, minister of justice or minister of IT in Sweden make any clear statements on what world they want. Instead we see sometimes good, sometimes very confusing, proposals from civil servants. I guess because they do not have any common directions on what the future should look like. Something I hope the project on Electronic services - accessible form wherever and whenever in the Ministry of Enterprise, Energy and Communication in Sweden will make more clear.