Translation of ("Norwegian Napster") Case: Tono et. al v. Frank Allan Bruvik d/b/a Napster, Hr-2005-00133-A, Rt-2005-41 (Supreme Court of Norway, 27 January 2005 - Docket No. 2004/822)
Henrik Stakemann Spang-Hanssen
Independent; University of Vienna School of Law - Department of Commercial and Business Law
This is an English translation of the decision of 27 January 2005 from of the Supreme Court of Norway in the so-called "Norwegian Napster" case dealing with a copyright issue.
Claim for damages pursuant to §55 of the Norwegian Copyright Act for making links on the Internet to copyrighted music files in mp3-format. The right-owners sued for 500,000 NKR in damages.
The Supreme Court did not decide whether the making of links to music files should be regarded as published, see §2 of the Copyright Act. However, the linking was regarded as contribution in respect of damages for the uploaders illegal publishing of the music, see §55 of the Copyright Act, see also §54 subsection a and d, see §45.
Damages was rewarded for the loss of the record-producers and the artists that are embraced by §58 of the Copyright Act and directions §6-1 to the Copyright Act.
The Supreme Court affirmed the first instance's decision of awarding 100,000 NKR in damages, but not there was no order as to costs.
Number of Pages in PDF File: 13
Keywords: Internet, Cyberspace, Copyright
JEL Classification: K33, K39, K42
Date posted: March 18, 2008