Comment Re:It doesn't work like that... (Score 1) 578
At least in Finland one can infringe copyright unknowingly. There is no exemption from monetary lialibility for persons who didn't know and who shouldn't have know that they are infringing (as is the case with most liabilities under the Finnish law). Because copyright laws of all Nordic countries are based on the same ground work, I suppose this is the same also in Sweden.
Thus, for example, when end user uses software containing infringing code, the end user always infringes the copyright in that part of the code - he or she makes an unlawful copy of the code into ram-memory of his/hers computer. One can't escape liability even if one had not no clue that there is some infringing code. Normally BtoB license agreements have indemnification clause for this liablity, but such is not the case with EULAs.
If they're planning to change the copyright act as is quoted here, it would mean that you are subjected to possible liability every time you download something from the net. Normally this is the case only with software (according to EC directive one is not allowed to make private copies of software) but the legislator seems to expand it to all other types of copyrighted works.
The download restriction seems quite incoherent with regard to the history of Nordic copyright law (traditionally acquisition never infringes copyright; only making copies of works and publishing them) and even the basic points of consumer protection. It seems quite absurd that the legislator would put the task of figuring out the distribution chain on the shoulders of normal consumers and citizens. How can consumer ever be 100% sure that the one doing the distribution is the righful owner (or someone acting on its behalf)? It seems to be an awfully big burden to put on the shoulders of consumers.
The proposed modifications can't be propably accepted in that form. At least in Finland they tried to modify the Copyright Act based on the EC directive. The proposed modifications raised so much opposition that the whole process was delayd. It might well be the same case with Sweden.