Iceland Rules Torrent Files Not Copyrighted

TorrentSpy closing down was pretty depressing, but here’s a ray of hope.

Torrent.is has won in court over the Association of film rights-holder in Iceland (SMÁÍS)

The case is a study in classic big business bullying. Like similar cases in the US, SMÁÍS complained to the court about alleged copyright infringement activities on the BitTorrent site, and got a preliminary injunction, blocking the site.

However, justice works swifter in Iceland than it does in the US, and after only 4 months, the case has been to court.

The decision, however, was as surprising as it was swift. Instead of deciding for or against the defendants, the court simply dismissed the case. It is likely, however, that the plaintiffs will appeal the decision to the Icelandic ‘Supreme Court’ (Hæstiréttur).

The verdict seems to hinge on the fact that under Icelandic laws, searching for files, or providing accessibility to them, is legal, as long as the files provided by the service are not themselves copyrighted. Torrent files, are not themselves copyrighted, but are instead metadata – data about data- describing copyrighted material, as indeed are reviews.

Spot on, Icelandic courts! This is the elusive obvious! Amazing how MPAA money can blur such common sense over in American courts.