Internet providers were obliged to hand over subscription information
Supreme Court order 8 February 2022, HR-2022-328-A, (case no. 19-188553SIV-HRET), civil case, appeal against order.
I.
NextGenTel AS, Telia Norge AS, Telenor Norge AS, Altibox AS (Counsel Rune Opdahl) v. Copyright Management Services Ltd (Counsel Kyrre Eggen)
II.
Copyright Management Services Ltd (Counsel Kyrre Eggen) v. NextGenTel AS, Telia Norge AS, Telenor Norge AS, Altibox AS (Counsel Rune Opdahl)
A company managing film copyrights, submitted a petition to secure evidence, see Chapter 28 A of the Dispute Act, against four internet providers. The petition included a request for subscription information relating to internet users that had illegally downloaded films from a file sharing network by means of a BitTorrent software to personally access the movies. The Court of Appeal had found, after an individual balancing of interests, that the provision on handover of information in section 56b of the Copyright Act 1961 – currently section 87 of the Copyright Act – which grants an exemption from the duty of confidentiality under section 2-9 of the Electronic Communication Act, was applicable to some of the relevant IP addresses. The Supreme Court, having conducted an oral hearing, found that the Court of Appeal had interpreted the law correctly. The internet providers' appeal against the Court of Appeal's order was dismissed. The Supreme Court's judgment was handed down on 8 February 2022, but its publication was postponed by six months in accordance with section 56b subsection 5 of the Copyright Act 1961.
Area of law: Copyright
Justices: Skoghøy, Matheson, Normann, Falch, Steinsvik