Facts
The case concerns three individuals, X., Y., and Z., who were convicted of distributing pornographic material and copyright infringement. The defendants operated a sex shop and erotic products store, where they sold and rented pornographic magazines and videos to interested adults. The products in question contained sexual acts with human excrement or violent acts.
The defendants were convicted under Article 197, paragraph 3, of the Swiss Criminal Code (SCC) for distributing pornographic material and under Article 67, paragraph 1, letters e and f, and paragraph 2, of the Federal Act on Copyright and Related Rights (CopA) for copyright infringement.
They filed a appeal with the Federal Court, arguing that their conviction violated their freedom of expression and right to property.
Considerations
1. Distribution of Pornographic Material
The Federal Court examined whether the defendants' conviction for distributing pornographic material violated their freedom of expression, protected by Article 10 of the European Convention on Human Rights (ECHR). The Court considered that the distribution of pornographic material may be limited to protect morality and the rights of others.
The Court found that Swiss law on pornography, in particular Article 197, paragraph 3, SCC, is consistent with the ECHR and that the defendants' conviction was justified to protect morality and the rights of others.
2. Copyright Infringement
The Federal Court also examined whether the defendants had infringed copyrights by copying and selling protected…