The
Bezirksgericht Frauenfeld (similar to a district court in the US) pronounced the founder of the former eDonkey-Site Sharereactor.com founder and owner Simon Moon guilty of "professional assistance" to property law infringment. He was sentenced to 90 day's rate of 30 Swiss Francs (CHF), and fined 2000 CHF - all in all about 4200 USD. With this verdict the judge followed the motion of the prosecutors.
Swiss law allows the judge to decide if a sentence to less than 180 days is just "on probation" or not. In the first case Mr. Moon would have to pay only if he commited another crime during probation time, which could be anything between 2 and 5 years. Whether this is the case here I could not find out yet since the district court doesn't seem to publish his verdicts online.
Since the site was the defendants primary source of income the judge decided on the "professional assistance", and although he didn't share files directly (only the hashes) the court found him guilty of enabling millions of people to get data to which they have no legal right.
Swiss property law allows private copies for personal use, and distribution of these copies to family and close friends, but only for music, movies and so on. Software (which is to say applications, games) is explicitely excluded. The reformed URG which currently awaits its installment outlaws the production, dealing, advertising and using of tools designed to circumvent DRM mechanisms even for the production of the copies your legally entitled to.
According to the Swiss newspaper
20min the lawsuit was filed by the
"Swiss Anti Piracy Federation (SAFE)", which represents as well-known enterprises as Columbia Pictures, Warner Brothers and Sony.
UPDATE: The p2p-blog has more
information on Simon Moon
UPDATE2:
Torrentfreak found it tooLabels: bezirksgericht, edonkey, emule, filesharing, frauenfeld, law, safe, sharereactor, simon moon