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.
Is this an exception? Having heard in France and in Germany how easily and often people get caught, this is the first time I hear of such a situation in Switzerland.
I think they are rather isolated. At least I have a hard time finding cases.
Here is another one, but this guy was running a website for sharing pirated stuff, which I think is much easier to track without violating privacy laws.
There is a specific paragraph in the law stating that computer programms are exempt from private use:
“Dieser Artikel findet keine Anwendung auf Computerprogramme.”
So somehow they specifically excluded computer programs from the article that allows you to download and use everything for yourself.
I found a number of articles specifically stating that video games and software remain illegal. Unfortunately I couldn’t pinpoint the specific part of the law as they appear to br written in French and was running into hurdles with Google Translate character limits that I couldn’t be bothered to work around.
I’m not sure if it’s explicitly illegal or if music, videos, etc are explicitly exempted, or if software etc is different due to terms of service for example.
Furthermore, it’s illegal for anyone to record your IP address torrenting a work and track you down that way as it violates Swiss data protection laws.
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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.
Is there any case in Switzerland where someone was caught and fined for having distributed copyrighted material?
Yes. This was the very first conviction in Switzerland for pirating music.
They were fined 1000 Franks + the court costs (so basically slap on the wrist).
Is this an exception? Having heard in France and in Germany how easily and often people get caught, this is the first time I hear of such a situation in Switzerland.
I think they are rather isolated. At least I have a hard time finding cases.
Here is another one, but this guy was running a website for sharing pirated stuff, which I think is much easier to track without violating privacy laws.
I know quite a few people who have downloaded movies. As long as you stay within “reasonable” margins, no one really bothers you
source: With P2P law, Switzerland reaffirms its commitment to privacy
What makes Software different? Is there specific law for it?
There is a specific paragraph in the law stating that computer programms are exempt from private use:
“Dieser Artikel findet keine Anwendung auf Computerprogramme.”
So somehow they specifically excluded computer programs from the article that allows you to download and use everything for yourself.
I found a number of articles specifically stating that video games and software remain illegal. Unfortunately I couldn’t pinpoint the specific part of the law as they appear to br written in French and was running into hurdles with Google Translate character limits that I couldn’t be bothered to work around.
I’m not sure if it’s explicitly illegal or if music, videos, etc are explicitly exempted, or if software etc is different due to terms of service for example.
Furthermore, it’s illegal for anyone to record your IP address torrenting a work and track you down that way as it violates Swiss data protection laws.
See my other comment, it’s explicitely stated in 19.4 of the Act on Copyright