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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.'"

3 of 98 comments (clear)

  1. Note the word "authorities" by Eudial · · Score: 3, Interesting

    Note the word authorities. Does not say anything about private organizations.

    I think I heard word of some new EU directive that would allow the copyright holders to directly demand such information from the ISPs, without involvement of the gov't. I think this is the one. Might be wrong about the details though, i can't seem to find very specific information about it.

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    GAAH! MY PRINTER IS ON FIRE!!! PUT IT OUT! PUT IT OUT!
  2. Re:To quote the citizens of ancient Laconia... by Ash+Vince · · Score: 2, Interesting

    I thought we had signed up to make the european court the highest court in the land sometime ago. Since then they have struck down a good many of our laws that they felt were contrary to european laws.

    If it was decided in the european court of justice that this breached our rights, then a british judge would have to follow that precedent regardless of the 1974 precedent you quote.

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    I dont read /. to RTFA, I read /. to offend people in ignorance.
  3. Re:sad...for the US by twms2h · · Score: 2, Interesting

    this just shows us, once more, how far the US is behind Europe in terms of human rights, freedoms
    Unfortunately many European countries, Germany in particular, do their damned best to catch up with the US there.

    Only yesterday a court ruling was made public that the photographer can sue you if you used your own portrait photograph on your webpage without his consent. The reason: It's his copyright.

    I mean, how stupid is that?

    twm