• Flattr FoI: 
Falkvinge &Co. on Infopolicy
BEFORE-FALKVINGE-IF-ANY FALKVINGE &CO. ON
INFOPOLICY
Falkvinge on Infopolicy - Home
»
Oil company workers with a laptop in the field

Oil Company Sues ISP, Kills Greenpeace Protest Site Against Them

23

Repression – Rick Falkvinge

Repression – Rick Falkvinge

Greenpeace protests an oil company with a parody site. The oil company files a lawsuit against the ISP of Greenpeace, claiming copyright monopoly violation of the company’s look and feel. The ISP shuts down the Greenpeace protest site immediately, complying with the threat from the oil company, without fighting the lawsuit or waiting for the court. Yup: the abuse-friendly copyright monopoly is now abused by oil companies to suppress Greenpeace, too.

Greenpeace had launched nestespoil.com, a protest site against Finnish oil company Neste Oil, highlighting how their practices lead to deforestation and increased carbon emissions. Neste Oil were not amused, and launched a lawsuit. Not a lawsuit against Greenpeace, mind you, but against their Internet Service Provider, Loopia.

Screenshot of Greenpeace’s protest site

Neste Oil filed the lawsuit in the district court of Västmanland in Sweden, where Loopia is based. According to Greenpeace, the oil company has also filed a complaint with WIPO, demanding the transfer of the domain nestespoil.com from Greenpeace to the oil company Neste Oil.

Greenpeace are, predictably, furious. Neither Neste Oil nor Loopia want to comment on the case.

Greenpeace’s original protest site, NesteSpoil.com, still leads to the blocked-site placeholder closed.loopia.se. In the meantime, Loopia competitor Binero has approached Greenpeace and offered to put the site back up, asking Neste Oil in public to take a hike. Greenpeace has also put the site back online under nestespoilreturns.com, with a big banner telling the story of Neste Oil’s bullying of the protest site.

This is the exact result of intermediary liability for copyright monopoly violations. We’ve been talking about this all the time – it leads to extrajudicial suppression of speech that somebody doesn’t like. It’s more than time to declare the copyright monopoly inapplicable to nonprofits, like Greenpeace, and to private individuals.

UPDATE: WIPO denied the complaint from Neste Oil (although not in a unanimous decision).

You've read the whole article. Why not subscribe to the RSS flow using your favorite reader, or even have articles delivered by mail?

About The Author: Rick Falkvinge

Rick is the founder of the first Pirate Party and is a political evangelist, traveling around Europe and the world to talk and write about ideas of a sensible information policy. He has a tech entrepreneur background and loves whisky.

Liked This?

TRANSLATIONS AVAILABLE
This article is also available in other languages: Serbian, Czech.

By participating in the discussion and posting here, you are placing your contribution in the public domain (CC0). If you are quoting somebody else, credit them.

Contributors take own responsibility for their comments.

23

  1. 1
    Anonymous

    Um, I wouldn’t say that Nesteoil suied their *Internet Service Provider*, even if it’s true as well. I’d actually say their host on the Internet. ie. web hosting company. It’s true how ever that hosting a web site, is actually providing internet service to that particular site..

    • 1.1
      YesToPP

      You are an ISP even if you do not provide access to the Internet. (Called Access Provider) a Web hosting company is an ISP too. (Host Provider) You also have other ISP’s, such as Mailbox Providers.

      So, saying that the company sued their ISP is true. Even TPB is an ISP. They provide a search SERVICE on the Internet.

      Unfortunately ISP has today become synonymous with Access Provider only, which is just not a true picture of what an ISP really is.

      Just my 2 cents.

  2. 2
    Tor

    That’s just horrible – attacking free speech like that! May the Streisand effect prevail and the full force of the Internet wrath and media transparency hit them. I criticized IPRED because I feared something just like this and now it all comes true. Responsible politicians need to open up their eyes.

    In the oil company’s own filing it is said that a prerequisite for an injunction to be granted is that the actions of the ISP “reduce the value of the exclusive right”. However, no argument for such a reduction is presented. To me it only seems to lead to a reduction in goodwill, but with the company now competing to do a better job at this itself I fail to see how this can be a legal problem.

    Does anyone know if the complaint filed with WIPO is publicly available?

    The fact that this company is state owned only makes this censorship so much worse! Kudos to Binero for standing up for free speech rights.

  3. 3
    Jag

    This is a typical situation where the rights owner holds a gun to the head of the intermediary and everybody else suffers.

    I disagree that copyright should just be made somehow irrelevant to non-profits and private individuals as you have suggested, but a more sensible solution would be to reform the law so that protection of Parody works is enshrined. Don’t know what Swedish Law says but it’s currently on the cards in the UK.

    Also the legal position of Intermediaries needs to be reconsidered for the sake of legal certainty. However in reality I suspect that over the coming years they will forced to shoulder more and more of the legal burden.

  4. 4

    I don’t know the facts behind (only from one side) so I can’t say if the decision was right or wrong from Loopia.

    As a customer with Loopia I did send a mail with a few questions and signed it with ‘worried customer’. In the mail I asked for more transparency with take-down decisions and also for them to clarify what they were doing to protect their customers.
    Waiting for a reply now.

  5. 5

    Don’t know what the law is like in Sweden, but in US, as far as I know, parody and satire are specifically protected forms of speech, much as political speech is. (Which the Greenpeace website may coutn as too.)

    Loopia is evidently operated by cowards. They didn’t even fight, just dropped their pants and bent over.

  6. 6

    Well, as wrong as it is to shut down that Greenpeace site, I think it’s the wrong battleground. Greenpeace is probably the single most dangerous terrorist organization in the world. The people of the earth is starving to death at a rate of about twice the total casualty figures (on all sides) during the entire WW2 each year, yet Greenpeace oppose efficient means of food production through scare tactics terror propaganda.

    So, I think they are the wrong people to waste time defending, there are many who are more deserving.

    • 6.1
      6.941

      Defense of free speech should not be contingent on what is said. Being able to do those things that others want you to do is not a liberty.

  7. 7
    Alan

    >Greenpeace oppose efficient means of food production through scare tactics terror propaganda.

    You mean like whale hunting ?

    There’s a lot more to long term sustainability than short term GM food “efficiency” and creating superweeds, poisoning water supplies and destroying the environment.

    The biggest criminals are probably the catholic church and its fight against birth control

  8. […] den EU-Abgeordneten Rick Falkvinge (Piratenpartei) ist dies ein weiteres Beispiel für die allumfassende Störerhaftung bei […]

  9. 8
    JR

    This isn’t enough. Greenpeace activists should be getting raped in jail too for this horrific violation of copyright. That’s why we need to enact ACTA and SOPA type legislation ASAP to prevent these crimes against copyright from continuing.

  10. […] Oil Company Sues ISP, Kills Greenpeace Protest Site Against Them (falkvinge.net) Share this:Like this:LikeBe the first to like this. […]

  11. […] One of the the reasons why legislation like SOPA and treaties like ACTA are so dangerous is that their loose definitions allow measures intended to deal with copyright infringement to be used to censor inconvenient opinions. Unfortunately, that’s not just a theoretical problem with future legislation, but one that is already happening, as this post from Rick Falkvinge makes clear: […]

  12. […] by some companies to silence speech these days. Rick Falkvinge originally pointed this out on his blog, but it got picked up by TechDirt and many other media sources in the […]

  13. […] Oil Company Sues ISP, Kills Greenpeace Protest Site Against Them (falkvinge.net) […]

  14. […] Este é o mecanismo que faz com que seja possível que os websites de protesto do Greenpeace sejam extrajudicialmente mortos pela indústria do petróleo. Você achava que o Brasil deveria saber mais sobre isso. O Brasil, […]

  15. […] начин послужила монополом на ауторска права како би угасила легитимни гринписов интернет сајт којим се […]

  16. […] modern times when the Finnish oil company Neste Oil disgracefully used the copyright monopoly to kill a legitimate Greenpeace protest site against the oil company (by threatening to sue the Internet […]

  17. […] modern times when the Finnish oil company Neste Oil disgracefully used the copyright monopoly to kill a legitimate Greenpeace protest site against the oil company (by threatening to sue the Internet […]

  18. […] Greenpeace råkade till exempel ut för precis det här för några år sedan i Finland. Greenpeace ville […]

  19. […] abused by everybody and their corporate brother, up to and including the oil company Neste Oil who attacked a Greenpeace protest site by threatening the Internet provider of Greenpeace, thereby killing the […]

Add a Comment

On Facebook

More in Repression

Silence
25

Repression – Rick Falkvinge

Repression – Rick Falkvinge

Tied Hands
48

Repression – Rick Falkvinge

Repression – Rick Falkvinge

Riot police in New York City. Photo by David Shankbone; CC-BY.
34

Repression – Rick Falkvinge

Repression – Rick Falkvinge

Censorship
17

Repression – Rick Falkvinge

Repression – Rick Falkvinge

Communications arrays behind closing-off barbed wire
22

Repression – Rick Falkvinge

Repression – Rick Falkvinge

Close-up image of magnetomechanical hard drive
200

Repression – Rick Falkvinge

Repression – Rick Falkvinge

Young woman whose mouth is taped shut by a dollar bill
56

Repression – Rick Falkvinge

Repression – Rick Falkvinge

Navy Submarine flying the US flag
30

Americas – Rick Falkvinge

Americas – Rick Falkvinge

Other Recent Headlines

Swarmwise in Czech
15

Swarm Management – Rick Falkvinge

Swarm Management – Rick Falkvinge

Earth view taken by US Astronaut Terry Virts, Flight Engineer for Expedition 42 on the International Space Station Jan. 30, 2015 by NASA/Terry Virts.
16

Civil Liberties – Nozomi Hayase

Civil Liberties – Nozomi Hayase

Image of padlock
26

Civil Liberties – Rick Falkvinge

Civil Liberties – Rick Falkvinge

941938_76589276
11

Copyright Monopoly – Rick Falkvinge

Copyright Monopoly – Rick Falkvinge

error451
3

Copyright Monopoly – Martin Doucha

Copyright Monopoly – Martin Doucha

https://www.flickr.com/photos/btckeychain/9510887345/in/photostream/
15

Cryptocurrency – Nozomi Hayase

Cryptocurrency – Nozomi Hayase

Putin-dancing-lighter
67

Europe – Rick Falkvinge

Europe – Rick Falkvinge

Printing Press
53

Freedom of Speech – Zacqary Adam Xeper

Freedom of Speech – Zacqary Adam Xeper

Bitcoin concept
13

Cryptocurrency – Nozomi Hayase

Cryptocurrency – Nozomi Hayase

Bitcoin concept
11

Civil Liberties – Rick Falkvinge

Civil Liberties – Rick Falkvinge

liberator
8

Civil Liberties – Christian Engström

Civil Liberties – Christian Engström

Open water - Photo by Flickr user elisfanclub
14

Reflections – Zacqary Adam Xeper

Reflections – Zacqary Adam Xeper

handcuffs
32

Quality Legislation – Zacqary Adam Xeper

Quality Legislation – Zacqary Adam Xeper

About The Author

Rick is the founder of the first Pirate Party and is a political evangelist, traveling around Europe and the world to talk and write about ideas of a sensible information policy. He has a tech entrepreneur background and loves whisky.

More On Infopolicy

US Capitol Buildings
23

Quality Legislation – Nozomi Hayase

Quality Legislation – Nozomi Hayase

Bitcoin concept
14

Cryptocurrency – Nozomi Hayase

Cryptocurrency – Nozomi Hayase

PyramidCapital
32

Diversity – Zacqary Adam Xeper

Diversity – Zacqary Adam Xeper

Bitcoin. Photo by Antana.
27

Cryptocurrency – Rick Falkvinge

Cryptocurrency – Rick Falkvinge

Money cut into pieces - Photo by Flickr user Tax Credits
86

Swarm Economy – Zacqary Adam Xeper

Swarm Economy – Zacqary Adam Xeper

Adobe the leech - original photo by OakleyOriginals on Flickr
176

Swarm Economy – Zacqary Adam Xeper

Swarm Economy – Zacqary Adam Xeper

peter_sunde_0237
14

Swarm Economy – Lionel Dricot

Swarm Economy – Lionel Dricot

solarroad
16

Swarm Economy – Zacqary Adam Xeper

Swarm Economy – Zacqary Adam Xeper

Red Square, Moscow
7

Privacy – Rick Falkvinge

Privacy – Rick Falkvinge

Dice
22

Privacy – Rick Falkvinge

Privacy – Rick Falkvinge

NSA Seal Holding the Heartbleed Logo
40

Infrastructure – Zacqary Adam Xeper

Infrastructure – Zacqary Adam Xeper

Hourglass
21

Copyright Monopoly – Rick Falkvinge

Copyright Monopoly – Rick Falkvinge

U.S. President Nixon looking through binoculars. Photo courtesy of NASA.
19

Privacy – Rick Falkvinge

Privacy – Rick Falkvinge

Code tumblers with the code 1-2-3-4-5. The kind of code an idiot would have on their luggage (homage to Spaceballs). Render by Falkvinge.
43

Cryptocurrency – Rick Falkvinge

Cryptocurrency – Rick Falkvinge

Bitcoin concept by Antanacoins. CC-By-SA, Flickr.
44

Cryptocurrency – Charlie Shrem

Cryptocurrency – Charlie Shrem

simple combination keycode
139

Cryptocurrency – Rick Falkvinge

Cryptocurrency – Rick Falkvinge

ThreeInterlockedCogs
34

Cryptocurrency – Rick Falkvinge

Cryptocurrency – Rick Falkvinge

Bottles of Snake Oil - Photo by Jagrap on Flickr
30

Copyright Monopoly – Zacqary Adam Xeper

Copyright Monopoly – Zacqary Adam Xeper

Frozen Waterfall
140

Cryptocurrency – Rick Falkvinge

Cryptocurrency – Rick Falkvinge

Soccer sports ball
26

Copyright Monopoly – Rick Falkvinge

Copyright Monopoly – Rick Falkvinge

A scheisseload of US Dollars
43

Cryptocurrency – Rick Falkvinge

Cryptocurrency – Rick Falkvinge

facebook
12

Swarm Economy – Zacqary Adam Xeper

Swarm Economy – Zacqary Adam Xeper

file000922833099
25

Infrastructure – Rick Falkvinge

Infrastructure – Rick Falkvinge

CCTV Cameras
18

Copyright Monopoly – Rick Falkvinge

Copyright Monopoly – Rick Falkvinge

Open hard disk
54

Copyright Monopoly – Rick Falkvinge

Copyright Monopoly – Rick Falkvinge

1183862_16999973
43

Copyright Monopoly – Rick Falkvinge

Copyright Monopoly – Rick Falkvinge

523377_63619557
4

Infopolicy – Henrik Brändén

Infopolicy – Henrik Brändén

Roses-on-coffin-by-blmurch-at-flickr-CCBY
108

Infopolicy – Rick Falkvinge

Infopolicy – Rick Falkvinge

photo_10071_20090418-646x363
71

Copyright Monopoly – David Collier-Brown

Copyright Monopoly – David Collier-Brown

National_Security_Agency_headquarters,_Fort_Meade,_Maryland_public_domain_image
158

Infopolicy – Christian Engström

Infopolicy – Christian Engström

"God Hates Signs" next to "God Hates Fags" protesters
8

Freedom of Speech – Zacqary Adam Xeper

Freedom of Speech – Zacqary Adam Xeper

Many different currencies - CC photo by epSos.de
46

Diversity – Zacqary Adam Xeper

Diversity – Zacqary Adam Xeper

le_tresor_rackham_le_rouge_1280x1024
12

Copyright Monopoly – Lionel Dricot

Copyright Monopoly – Lionel Dricot

Valve mechanism
97

Freedom of Speech – Rick Falkvinge

Freedom of Speech – Rick Falkvinge

Books before copyright
100

Copyright Monopoly – Johnny Olsson

Copyright Monopoly – Johnny Olsson

euro banknotes
72

Copyright Monopoly – Rick Falkvinge

Copyright Monopoly – Rick Falkvinge

Bitcoin render by cybrbeast
77

Swarm Economy – Rick Falkvinge

Swarm Economy – Rick Falkvinge

This publication is protected under the Constitution of the Kingdom of Sweden. Any problem you have with this publication remains exclusively yours. Accountable publisher: Rick Falkvinge.
All text on this site is Public Domain / CC0 unless specifically noted and credited otherwise. Copy, remix, and inspire. (Troll policy.)
Log in | Original theme design by Gabfire themes (heavily modified)