Links
to file sharing programs not illegal in Norway
In June 2002, Phonofile
sued Startsiden, Norway's most used public internet portal, arguing that by
offering hyperlinks to file sharing programs under the "MP3" subcategory, Startsiden was liable for contributing to the infringement of
Phonofile's exclusive right to electronic sale and distribution. Phonofile
demanded that Startsiden remove the hyperlinks.
Although
the Oslo District court found in its October 28, 2003 judgement that users, with
the help of links from www.startsiden.no had downloaded file sharing
programs and distributed music files in the file sharing network thus infringing
Phonofile's protected exclusive rights, it held, however, that - although file
sharing programs can be used both illegally and legally - hyperlinking to file
sharing program cannot in itself give rise to liability for the internet portal
provider.
An article about that decision
was published in IRIS Legal Observations of the European Audiovisual Observatory
(English
/ German)
