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Potentially Huge Legal Boost for EU File Traders

Posted by Zonk on from the now-we-need-some-of-that-here dept.

Mishtara2001 writes "BusinessWeek reports that a high court adviser in the EU has decided that ISPs are not required to reveal information to authorities, when users are suspected of music piracy. If this is adopted across the EU then it can potentially spell doom for the IFPI's (the global RIAA) efforts to litigate against European P2P users. From the article: 'Promusicae wanted the personal data so that it could start taking legal action against the file sharers, but Telefonica claimed that it could only turn over such information as part of a criminal prosecution or in matters of public security and national defense. A Spanish court hearing the case referred the issue to the ECJ for guidance on how to interpret EU law on the subject and Ms Kokott's legal opinion is the advice for the ECJ judges who will eventually rule on a recommendation for the Spanish court to take. The final court decision is expected later this year. Once it comes out, it could form the basis for similar decisions throughout the 27-member EU bloc.'"

12 of 98 comments (clear)

  1. No US lawyers there by dotancohen · · Score: 3, Insightful

    Yes, in the EU, the government still looks out for the consumer...

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    It is dangerous to be right when the government is wrong.
    1. Re:No US lawyers there by Anonymous Coward · · Score: 2, Insightful

      No, it doesn't. If the lawyers say they want the victim's hand, the government denies it - and gives them both arms. Europe is currently installing data retention laws throughout the union. All providers will have to log connection metadata and make it available to law enforcement in a way which does not give clues what data has actually been requested. The media industry will continue to file criminal charges and get more data that way than any provider could give them now. Europeans pay fair-use taxes on recordable media, but aren't allowed to circumvent the copyprevention schemes which are on almost all commercial discs.

  2. sad...for the US by hobo+sapiens · · Score: 5, Insightful

    Sad for the US, because this just shows us, once more, how far the US is behind Europe in terms of human rights, freedoms, etc.

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    blah blah blah
    1. Re:sad...for the US by poetmatt · · Score: 2, Insightful

      cue "spontaneous" changing of views from said adviser or having him fired in 5..4.....3.... wait, this isn't the US. My bad.

    2. Re:sad...for the US by John+Betonschaar · · Score: 5, Insightful

      I agree. We must protect the fundamental human right to download music!

      The scope of this ruling goes beyond only downloading music, it sets a precedent for other cases where 3rd parties request information on your browsing habits.

    3. Re:sad...for the US by IdleTime · · Score: 4, Insightful

      If a crime has been committed and they have evidence for said crime, file a complaint with police, have the police do the investigation and if a crime found to have taken place, a subpoena is issued and the ISP will hand over data to the court.

      Alas, Americans are used to corporations having more legal standing and protection than the citizens, Europe is the opposite.

      --
      If you mod me down, I *will* introduce you to my sister!
  3. The result? by Blue+Stone · · Score: 1, Insightful
    The record companies (for it is they, not the IFPI or RIAA) will draft a new law and buy (and lobby) the politicians to put it through.

    Corporations with money/power will not stand for this.

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    1. Re:The result? by Spad · · Score: 5, Insightful

      The interesting thing is that the MEPs who vote in the European Parliament actually have to worry about their positions. Unlike most politicians who live in safe seats where they would safely shoot a puppy while abusing a child on live TV and not worry about being voted out, the MEPs generally will get voted out if they screw their constituents too badly.

      What does this mean in the grand scheme of things? Well just look at software patents - the EU Parliament voted them down because that's what their constituents wanted. The council of ministers (Unelected body) tried to overrule them and the Parliament turned up with an overall majority to strike them down (More out of spite for the open abuse of the democratic process than any dislike of software patents, but hey).

      So, unlike most local governments (US and UK included), it's currently much harder to buy legislation in the EU, which is nice.

  4. Magna Carta Liberatum by DFDumont · · Score: 5, Insightful

    I generally try to avoid political articles such as this one, but in this case I would like to point out that the ECJ has simply help up common sense.
    Record Companies via RIAA: "We wish to examine all ISP subscriber data to determine IF anyone has violated our copyrights."
    EU High court advisor: "You must actually accuse someone before you may subpoena evidence."
    Its nice to see that the EU still abides by the Magna Carta Liberatum, est 1215. If only those of us in the US could expect so much...

    Dennis Dumont

  5. sad...for the blind. by Anonymous Coward · · Score: 1, Insightful

    "Sad for the US, because this just shows us, once more, how far the US is behind Europe in terms of human rights, freedoms, etc."

    Uh huh. So when are you all going to remove those surveillance cameras?

  6. Re:Could we get the EU to... by Anonymous Coward · · Score: 3, Insightful

    The way things are going, you guys are going to be liberated by the Chinese.

    Seriously, by the time they invade, you'll be more of a police state than they are.

  7. No, wrong country by andersh · · Score: 2, Insightful

    Judging from the number of cameras you guys have in public areas
    Funny, you don't know the difference between one country (UK) and the whole continent of Europe and 47 other countries?