In some European countries, the authorities are taking rigorous action against film and music piracy. Even downloading a single file can lead to fines, criminal proceedings and warnings.
In Switzerland, the legal situation is somewhat different. Here, you can download or stream certain content from the internet without paying for it under certain circumstances.
1 Published works may be used for private use. Private use means:
a.
any personal use of a work or use within a circle of persons closely connected to each other, such as relatives or friends;
b.
any use of a work by a teacher and his class for educational purposes;
c.
the copying of a work in enterprises, public administrations, institutions, commissions and similar bodies for internal information or documentation.
2 Persons entitled to make copies of a work for private use may also have them made by third parties subject to paragraph 3; libraries, other public institutions and businesses that make copying apparatus available to their users are also deemed third parties within the meaning of this paragraph.
3 The following are not permitted outside the private sphere defined in paragraph 1 letter a:
a.
the complete or substantial copying of a work obtainable commercially;
b.
the copying of works of art;
c.
the copying of musical scores;
d.
the fixation of recitations, performances or presentations of a work on blank media.
3bis Copies which are made by accessing works that are lawfully made available are neither subject to the restriction of private use under this Article nor are they included in the claims for remuneration under Article 20.
4 This Article does not apply to computer programs.
I assume you are talking about 3.b? It says that the usage is prohibited outside the private sphere, so you can’t seed, you can’t upload, but you can have movie nights with friends and family using p2p content.
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Here is the law, taken from the Federal Act on Copyright (https://www.fedlex.admin.ch/eli/cc/1993/1798_1798_1798/en#art_19 ):
I’d the say “the copying of works of art;” would be considered in the swiss by the suing party.
I believe movies etc. would be grouped there, no?
I assume you are talking about 3.b? It says that the usage is prohibited outside the private sphere, so you can’t seed, you can’t upload, but you can have movie nights with friends and family using p2p content.
My bad. Yes agreed.