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German Prosecutors Won't Help RIAA Counterpart

Posted by Zonk on from the will-never-happen-here dept.

NewYorkCountryLawyer writes "A German court decision ruled that the European counterpart to the RIAA cannot invoke criminal proceedings over petty file sharing incidents. The goal was to to find out from ISPs the identity of alleged file-sharing subscribers; the requests have been refused as the judge saw the the proceedings as not in the 'public interest', and little or no economic damage was shown to have been caused to the record companies. Offering a few copyright-protected music tracks via a P2P network client was 'a petty offense,' the court declared. Within days, German prosecutors have now indicated that they will no longer permit the use of 'criminal proceedings' to procure subscriber information."

19 of 199 comments (clear)

  1. If only... by InvisblePinkUnicorn · · Score: 5, Insightful

    Now if only American court rooms cared at all about the "public interest", rather than the special interests that have so much power, maybe we'd start seeing similar sound-mindedness.

    1. Re:If only... by cepayne · · Score: 2, Insightful

      In North America, suing individuals has become an actual business
      model and accepted practice. As much as the kids that believe it
      it is acceptable to download music tracks without paying for them.

      Touche'.... I think we are at loggerheads.

    2. Re:If only... by im+just+cannonfodder · · Score: 3, Insightful

      the problem is that American courts are there to support the companies, while in europe human rights are actually taken into consideration, something that America fails to even attempt to put in front of making a dollar. the American dream lives on, universal health care is funded by communists,, i mean by terrorists.

      --
      The Truth Is Out There:
    3. Re:If only... by AK+Marc · · Score: 2, Insightful

      It sounds nice when something happens you like, but in reality the courts are simply there to interpret the law as written... not just do whatever they feel is best.

      That's not the way it is supposed to work. The legislators are supposed to work in the best interests of the people. If they fail (see 1 year jail time for recording a short clip of a movie for the purposes of a review), the executive is supposed to also exercise judgement to protect the interests of the people. If the executive fails to protect the interests of the people, then the courts are supposed to protect the interests of the people. That's the way the government was supposed to work, and why we have three branches protecting us. However, now it is seen that none of them are out to protect us. The legislative branches are filled with bought-out politicians, and the other branches shouldn't use good judgement. So, who is left to protect your rights?

      --
      Learn to love Alaska
  2. I sure wish... by Jaysyn · · Score: 2, Insightful

    ... our courts had this much sense.

    --
    There is a war going on for your mind.
    1. Re:I sure wish... by NewYorkCountryLawyer · · Score: 2, Insightful

      I sure wish... our courts had this much sense. Well, Jaysyn, maybe they're getting there.
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      Ray Beckerman +5 Insightful
  3. Where these cases belong... by Stanistani · · Score: 5, Insightful

    The RIAA should be forced to take these cases to Small Claims Court, where they would have little to no subpoena power, be limited in the amount of award, and have to explain to crusty, overworked judges why they're wasting their time.

    --
    You can't talk about Wikipedia's flaws on Wikipedia
    1. Re:Where these cases belong... by Cadallin · · Score: 5, Insightful

      Precisely. Can you imagine the disgust in a judges voice the first time he hears one of these, "You mean you're suing over the equivalent of sharing a song taped from radio?" Dismissal. With Prejudice.

    2. Re:Where these cases belong... by ScrewMaster · · Score: 2, Insightful

      Okay, you try explaining that to a small-claims court judge in the thirty seconds or so you get to state your case.

      --
      The higher the technology, the sharper that two-edged sword.
  4. Forget American Courts by Piata · · Score: 1, Insightful

    I wish Canada's courts would have this much sense.

  5. This is great by hkgroove · · Score: 4, Insightful

    I'm glad the German government / courts have some common sense unlike their American counter-parts. First Scientology now this!

  6. History reversed by omalley-the-alley-ca · · Score: 1, Insightful

    It's ironic that the RIAA's storm-trooper tactics are supported by American courts, while Germany is the country standing up for individual rights.

    --
    Have you been touched?
  7. Wow by AlphaLop · · Score: 5, Insightful
    I wonder if I am too old to learn to speak German...

    Yet another country passes us on the personal freedom issue.

    --
    It's only paranoia if your wrong...
  8. Re:German music sucks by Sique · · Score: 4, Insightful

    On the other hand Germany had its greatest and best musicans, when Copyright (or Author's Right) was virtually nonexistant: Heinrich Schütz, Johann Sebastian Bach, Johann Pachelbel, Philipp Telemann, Georg Friedrich Händel, Ludwig van Beethoven, Wolfgang Amadeus Mozart, Josef Haydn, Felix Mendelssohn-Bartholdy, Robert Schumann...

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    .sig: Sique *sigh*
  9. An old english expression by Big+Nothing · · Score: 4, Insightful

    I don't know if it exists in German, but in the english language there is an old expression for this kind of court decision. It's called "common sense" and seems to be all but extinct these days.

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    SIG: TAKE OFF EVERY 'CAPTAIN'!!
  10. Re:Threatening Germany by pimpimpim · · Score: 4, Insightful

    I'm not sure, they gave in to the biometric passports, and we have Schäuble now here, who will do anything to stop "terrorists" and give him a reason to spy on the german people. It's a delicate balance in Germany now. Glad to see it went to the right side this time.

    --
    molmod.com - computing tips from a molecular modeling
  11. Re:Deutschland Uber Alles! by dunkelfalke · · Score: 2, Insightful

    nope. according to the decision of the german federal constitutional court only the third stanza is considered as the anthem of federal republic of germany.

    --
    Conservatism: The fear that somewhere, somehow, someone you think is your inferior is being treated as your equal.
  12. Re:Deutschland Uber Alles! by AK+Marc · · Score: 4, Insightful

    As you said, the words do mean "Germany above everything", but I fail to see how you can find that alright.

    Sure, and the Pledge of Allegiance in the US is satanic because you are worshiping an idol (the flag). And yes, I've heard more than one person claim this.

    Your country above your family? Your love? Your honor? It's an evil concept when taken out of its original context (1848 revolutions, when nationalism was liberal and meant freedom from the German monarchs, and progress) and applied to a modern industrial nation, as the Nazis did (when nationalism became utter hell).

    I've heard that the military in the US espouses "God, country, family" in that order. Again, that puts the country above the family, love, honor and all that. Is that evil too?

    --
    Learn to love Alaska
  13. WTF are you talking about? by Funkysapien · · Score: 5, Insightful

    Riiiight.... and the abundance of those "muslim terroists", "turbin-headed children" and "women killers" in Hamburg and the whole of Germany explains the huge number of terroist attacks in Germany, doesn't it? Which is, by the way, ZERO for at least the last 10 years. Geez, what the hell are you talking about? And what is "the Bundesfraus" supposed to be? That word doesn't even exist in german language (and yes, german is my native language).