Download this Paper Open PDF in Browser

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)

13 Pages Posted: 18 Mar 2008  

Henrik Stakemann Spang-Hanssen

Independent; University of Vienna School of Law - Department of Commercial and Business Law

Date Written: 2005

Abstract

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.

Keywords: Internet, Cyberspace, Copyright

JEL Classification: K33, K39, K42

Suggested Citation

Spang-Hanssen, Henrik Stakemann, 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) (2005). Available at SSRN: https://ssrn.com/abstract=1107112 or http://dx.doi.org/10.2139/ssrn.1107112

Henrik Stakemann Spang-Hanssen (Contact Author)

Independent ( email )

Schottenbastei 10-16
A-1010 Vienna
Austria
+1 (408) 348-8431 (Phone)

HOME PAGE: http://www.hssph.net/

University of Vienna School of Law - Department of Commercial and Business Law

Schottenbastei 10-16
A-1010 Vienna
Austria
+1 (408) 348-8431 (Phone)

HOME PAGE: http://www.hssph.net

Paper statistics

Downloads
156
Rank
160,467
Abstract Views
1,388