Swedish Patents and Market Court of Appeal says that an ISP is not required to hand over information about subscribers’ IP addresses

Can an ISP be required to hand over its subscribers' IP addresses in online copyright infringement cases?Contrary to a decision at first instance [but also other Swedish courts' recent decisions: see here], a few days ago the Swedish Patents and Market Court of Appeal answered in the negative.BackgroundIn 2016 a UK-based company – Copyright Management Services (CMS) – requested the Swedish Patents and Market Court to issue an order against Swedish internet service provider (ISP) Tele2 that would require it to hand over details of its subscribers’ IP addresses. CMS represents a number of copyright holders and, among other things, assists the film industry in pursuing alleged copyright infringers. CMS claimed that Tele 2 customers had unlawfully made several works (films) available to the public by sharing the works in question through various BitTorrent clients. In support of its claim, CMS provided the Patents and Market Court (First Instance)…

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