Anti-Piracy Group Violates Swiss Law to Track File Sharing
An anonymous reader writes "Another fight appears to be brewing in Switzerland over how file sharers are identified. Logistep, a company that specializes in anti-piracy by collecting computer evidence against file sharers for use in lawsuits, seems to have taken an end run around Swiss law in order to try and settle cases out of court. 'Under Swiss law, the identity of a subscriber to an ISP (Internet service provider) can only be revealed during the course of a criminal case, not a civil one, Schaefer said. The IP (Internet Protocol) address of a computer controlled by the subscriber is considered "personal" information. In order to try to claim damages from people suspected of trading songs or movies, Logistep has asked Swiss prosecutors to open criminal cases, Schaefer said. As the criminal cases progresses, Logistep receives information from prosecutors that identifies the file sharer.'"
The real villains here are the Swiss prosecutors who are going along with this scheme. They should be ashamed -- and Fired! (Donald Trump, where are you?)
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
So who is it that should prosecute the prosecutors?
In Xanadu did Kubla Khan
A stately pleasure dome decree
if someone can attack you on the internet, and there is no way to identify who the attacker is to file a lawsuit against the person. This goes for other things besides file sharing, such as libel.
The Coast Guard?
I expect the civil suits to be dismissed with prejudice (or whatever the civil code equivalent is) and countersuits for fraudulent prosecution to proceed.
If the copyright holders don't like the law, they can lobby to get it changed. Otherwise, the Swiss guard their privacy very jealously. They've stood up to various flavors of nasty Germans and French. I very much doubt they'll cave to the RIAA equivalent. Please also remember that K-Tel is a swiss corp deliberately to take advantage of copyright laws.
The "anti-piracy" group didn't violate the privacy laws, they conspired with the prosecutors, who are the ones who may have violated the privacy laws (if a criminal case was not warranted).
Either way, it's still a gross violation of the spirit of the law, and certainly reprehensible.
Wait, could you clarify, once more, what this "IP" means???? Sincerely, Confused
Ok, maybe I am feeding a troll here so I am tickboxing AC.
As an Helvetii and a native of Switzerland I must question: why have you posted this?
Is it your true feeling? I wasn't knowing of hatred against us existing anywhere really.
We're actually a pretty great place, please investigate and if you are for true perhaps your opinions shall change.
You can come visit, too.
I foresee a long wonderful friendship between me and law enforcement as I track down RIAA agents using extreme measures for the bounties ...
Lock and load, filesharers! It's clobbering time!
-- Tigger warning: This post may contain tiggers! --
This, along with The Pirate Bay receiving a 4000-page complaint seems to indicate a disturbing trend towards the *AA-style of dealing with file sharing.
Don't mind the extra X. Alex
It's time! It's time! It's time to hate the Swiss.
Got a problem with that, Belgium?
IP addresses have just been made private data under EU law too, don't know how that affects civil law cases though
thank God the internet isn't a human right.
You gotta wonder whether and how much money changed hands to make these criminal cases happen.
Wait, wait... Someone posts an anonymous post, complaining that someone else posted an anonymous post... and it gets modded "INSIGHTFUL"!??!?!... (head explodes)
in soviet switzerland, YOU sue RIAA!
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
This being Switzerland, where you can the the public voting on anything, as long as you gather 50.000(?) signature, why can't someone "just" campaign to get a vote for sensible copyright laws in the first place?
Or a change of the constitution, those need automatically to be voted on without any signing prerequisite.
The only problem is that 100 is a rather short delay if you have to collect the signatures during a period like decembre when not everyone is available - this happened with the Swiss equivalent of DCMA that got mentioned some time ago on
At least, our DCMA equivalent explicitly allows DRM and other such protection to be broken if that's done in order to apply fair use (citation/quotes, backup, format shift, etc...)
The only "bug" in the law is that it forgets to also explicitly authorise the *tools* needed to break those protection (WTF ?).
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
It's offtopic, but does anyone know what happened with Swiss version of DMCA? Was it voted down by people or not?
I guess for anti-piracy groups any number of wrongs added the wrong the pirate groups commit MUST equal a right.
I think 50 signatures is a little low, don't you. I think you meant 50,000 signatures (also you didn't pluralize signature, but this transgression pales in comparison for the incorrect usage of a decimal point in lieu of a comma).
mjwx,
Senior Grammar Fascist.
Department of anal retentivity.
Calling someone a "hater" only means you can not rationally rebut their argument.
You know that some countries exchange the use of the coma and the decimal point (just check the regional config in windows and you'll see what i mean), and since he said "here in..." i bet he's from switzeland, wich gives him a good reason to have confused both. Specially considering the correct way in Switzeland would be 50'000 aparently.
So maybe you should stop being a grammar nazi with someone who doesn't have English as his first language, if those 2 are the only errors he made then i think he did a good job (and spare me about the use of non capital i, please don't burn me for it).
Interesting to read this here on Slashdot, and the source was obvisouly some UK news site. Because, here in Switzerland (where I live), it's not in the news, nobody talking about it and I never heard anything about so far ;-)
As an Helvetii and a native of Switzerland
Wait a minute! You're named after a printer font? [ducks]
I wasn't knowing of hatred against us existing anywhere really.
Well, the gnomes of Zurich aren't very popular in some circles, like EU tax authorities. Swiss banks (and their privacy laws) have aided & abetted many corrupt government officials in enormous frauds.