Frequently Asked Questions
What does sharing mean?
The illegal sharing that we monitor happens on the BitTorrent peer-to-peer network. BitTorrent is a technology based on distributed file sharing that is intended to distribute files as effectively as possible to an unlimited number of recipients. Each BitTorrent user is sharing the file forward to the other network users. The sharing may occur while the file is being downloaded or viewed. BitTorrent technology by itself is legal, but it is commonly used for illegal file sharing.
Downloading copyright-protected works from an illegal source, even for personal use, is in violation of Section 11(5) of the Copyright Act. A BitTorrent user does not only download files for their own use; they are always sharing them for a larger audience. This is more harmful than simply downloading files for your own use.
How is sharing observed?
The IP address and other technical details originate from a public peer-to-peer network that anyone can access. An expert connects monitoring software to the BitTorrent network and downloads a sample of a file shared without authorisation. This reveals the sharer’s IP address.
The name and address for the subscriber line owner were received from the network operator. Pursuant to Section 60 a of the Copyright Act, the Market Court has ordered that the information must be disclosed to the attorney. The law requires the operator to disclose the information in such a scenario. This applies to all operators.
Why do I need to pay compensation?
According to Section 57 of the Finnish Copyright Act, making a work available to the public without authorisation results in a liability for compensation. Compensations are used to offset the financial losses incurred by the rights holders by unauthorised sharing. Paying the compensation also offers an opportunity for settling the matter between the parties without having to involve the police or a court of law.
The primary goal of the enforcement is to eliminate online piracy and guide consumers towards legal services.
What is the basis of the sum requested in the letter?
The sum we present in the letters comprises two parts: compensation and a fee which, according to the law, must be paid to the rights holders for copyright infringement.
According to Section 57(1) of the Finnish Copyright Act, making a work available to the public without authorisation results in a liability for compensation. The illegal distribution of a film or TV series episode has an unlimited audience on the BitTorrent peer to peer network; therefore, the magnitude of the compensation does not correspond to the purchase or order price of the work but instead the economic loss caused by the distribution.
The amount of compensation is based on the reasonable compensation awarded by the Market Court. Revised to reflect their current value, the compensation amounts to €120 for each film and €60 for each episode of a television series. The amount of compensation may be increased by case-specific features, such as the higher financial losses caused by sharing unreleased material.
Sharing on a peer-to-peer network does not happen by accident, and it results in a liability to compensate for the costs of analysis and monitoring of copyright infringements pursuant to Section 57(2) of the Copyright Act. Even though the analysis requires expertise in many fields, the comprehensive enforcement system allows for bringing down the costs of analysing a single infringement. The fee consists of technical analysis, legal work, court fees and costs incurred on the network operators. The cost of these amounts to €490. If the infringement concerns more than one rights holder, the workload and thus the amount of the fee increases by €100 for each rights holder. If the network operator’s data storage period does not allow for adequate preservation of the data, the costs associated with securing the data by precautionary measures are also subject to compensation.
What will happen if I do not contact you or if I ignore the letter?
We recommend that you contact us and clarify the matter. This ensures that we do not file an unnecessary request for investigation with the police regarding a copyright offence (Chapter 49, Section 1(3) of the Penal Code) or present a demand for compensation at the Market Court. Most court cases are started against recipients who have made no attempt to contact us at all. By contacting us, you ensure that no trial will be necessary.