Suspected ‘Pirate’ Wins Data Disclosure Battle Against Copyright Troll’s Law Firm

upnorth

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Jul 27, 2015
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The wave of piracy settlement letters in Finland has resulted in a privacy-related win for an accused file-sharer. A local court has ruled that law firm Hedman Partners must allow a suspected file-sharer to see all technical evidence the outfit has on her, which it initially refused to do. The ruling could lead to a lot of extra paperwork for the law firm involved.

For more than a decade, alleged file-sharers around the world have been pressured to pay significant settlement fees. These so-called copyright-trolling efforts are fairly straightforward. Copyright holders obtain a list of ‘pirating’ IP-addresses and then request a subpoena from the court, compelling ISPs to hand over the associated customer data. In recent years, several news reports have appeared on these cases in the US, UK, Canada, Sweden, Denmark and elsewhere. In Finland, they have been a common sight since 2013.

One of the outfits that spearheaded the practice locally is the Helsinki-based law firm Hedman Partners. Representing a variety of movie companies, it went after tens of thousands of alleged pirates, asking them to pay hundreds of euros in damages each. One of the firm’s targets was a Ritva Puolakka, While she first appeared to be just another target, Puolakka was not intent on paying the 800 euros in damages the law firm requested. Quite the opposite, she went on the offensive. Puolakka became an active opponent of the so-called “copyright trolling” practice. She denied any wrongdoing. On top of that, she went after the law firm requesting that it hands over any and all data it had on her, stating that it’s her right to have access to this under local privacy law. The law film partly complied with this request but also held quite a bit of information back. Handing over all data could cause damage to the business relationship with the rightsholder, the argument was. This undisclosed information was technical evidence of the alleged infringement such as IP-address logs.
 

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