EU court rules mobile companies not liable for users’ piracy

The European Court of Justice has ruled mobile manufacturers are not liable for users’ copyright infringement.

The judgement comes after Danish court (Østre Landsret) sought clarification during a suit against mobile phone operator Nokia. Copydan, an association responsible for the administration of rights, requested Nokia pay a private copying levy for the reproduction of music and videos over memory cards for devices shipped and sold in Denmark between 2004 and 2009.

The ruling handed down on Friday states that compensation won’t be paid for making a private copy of a legally acquired work, provided “the prejudice caused to rightholders in such cases is minimal.”

In Australia, the proposed code developed by local ISPs to combat digital piracy, which details a three-strikes approach for users caught infringing copyright, applies only to fixed-line retail customers; infringing mobile device users are exempt from the scheme.

The code is open for public discussion until March 23 via the Communications Alliance website. The Australian Communications and Media Authority will then validate it. It will be re-evaluated in 18 months, and after that, every five years. However a review may be carried out before the end of the five-year period given the changing nature of technology.