A 18-year old Swiss serial internet downloader has been fined Frs3,000 (€2,000) and two-year probation for having shared with others some 270 films and 4,200 songs she illegally downloaded. As the guilty party did not appeal, the judgement could set a precedent in the country’s jurisprudence.

The young woman was prosecuted by a Ticinese court (in the Italian-speaking canton) following a complaint lodged by the Swiss chapter of the International Federation of the Phonographic Industry (IFPI). Usually, internet downloaders who are caught are sent a letter demanding payment – Frs3 (€2) for a song illegally downloaded and up to Frs600 (€400) for a film or videogame.

In Switzerland, downloading is not a prosecutable offence, it is sharing the files with others which falls foul of the law. The Swiss consumer association says chasing illegal downloaders (a job subcontracted to third-parties who track the offenders’ IP addresses) is “excessive.” For its part, the domestic music publishers association Suisa claims that it would never sue young internet downloaders, opting rather for educational and preventive approaches.

The national data protection agency is said to be unhappy with the regional court’s decision and is seeking clarification from the Swiss Federal Court.

In France, the controversial 'three strikes' HADOPI law has hit yet another delay - it has failed to win approval from the French data protection agency. The Commission nationale de l’informatique et des libertés (CNIL), which works to protect French citizens from technology which may breach their rights to privacy and personal and public liberty, has not yet approved the law. The regulator seems to be concerned at how the punishment procedure of the Hadopi law would work in practice.

In Spain, the Cabinet has approved an Internet anti-piracy plan under which websites offering illegal entertainment downloads will be urged to stop or face being shut down. Justice Minister Francisco Caamano said the plan, which will close offending sites under a fast-track judicial process, will create a panel of experts to hear complaints against suspect sites. The panel can then call on a judge who will have four days to hear arguments from the parties involved before ruling.

Story filed 09.01.10