On Wednesday, I spent the entire day in court in Follo Tingrett
representing the member association
NUUG, alongside the member
association EFN and the DNS registrar
IMC, challenging the seizure of the DNS name popcorn-time.no. It
was interesting to sit in a court of law for the first time in my
life. Our team can be seen in the picture above: attorney Ola
Tellesbø, EFN board member Tom Fredrik Blenning, IMC CEO Morten Emil
Eriksen and NUUG board member Petter Reinholdtsen.
The
case at hand is that the Norwegian National Authority for
Investigation and Prosecution of Economic and Environmental Crime (aka
Økokrim) decided on their own, to seize a DNS domain early last
year, without following
the
official policy of the Norwegian DNS authority which require a
court decision. The web site in question was a site covering Popcorn
Time. And Popcorn Time is the name of a technology with both legal
and illegal applications. Popcorn Time is a client combining
searching a Bittorrent directory available on the Internet with
downloading/distribute content via Bittorrent and playing the
downloaded content on screen. It can be used illegally if it is used
to distribute content against the will of the right holder, but it can
also be used legally to play a lot of content, for example the
millions of movies
available from the
Internet Archive or the collection
available from Vodo. We created
a
video demonstrating legally use of Popcorn Time and played it in
Court. It can of course be downloaded using Bittorrent.
I did not quite know what to expect from a day in court. The
government held on to their version of the story and we held on to
ours, and I hope the judge is able to make sense of it all. We will
know in two weeks time. Unfortunately I do not have high hopes, as
the Government have the upper hand here with more knowledge about the
case, better training in handling criminal law and in general higher
standing in the courts than fairly unknown DNS registrar and member
associations. It is expensive to be right also in Norway. So far the
case have cost more than NOK 70 000,-. To help fund the case, NUUG
and EFN have asked for donations, and managed to collect around NOK 25
000,- so far. Given the presentation from the Government, I expect
the government to appeal if the case go our way. And if the case do
not go our way, I hope we have enough funding to appeal.
From the other side came two people from Økokrim. On the benches,
appearing to be part of the group from the government were two people
from the Simonsen Vogt Wiik lawyer office, and three others I am not
quite sure who was. Økokrim had proposed to present two witnesses
from The Motion Picture Association, but this was rejected because
they did not speak Norwegian and it was a bit late to bring in a
translator, but perhaps the two from MPA were present anyway. All
seven appeared to know each other. Good to see the case is take
seriously.
If you, like me, believe the courts should be involved before a DNS
domain is hijacked by the government, or you believe the Popcorn Time
technology have a lot of useful and legal applications, I suggest you
too donate to
the NUUG defense fund. Both Bitcoin and bank transfer are
available. If NUUG get more than we need for the legal action (very
unlikely), the rest will be spend promoting free software, open
standards and unix-like operating systems in Norway, so no matter what
happens the money will be put to good use.
If you want to lean more about the case, I recommend you check out
the blog
posts from NUUG covering the case. They cover the legal arguments
on both sides.