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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.'"

3 of 95 comments (clear)

  1. Re:Who watches the watchers? by realthing02 · · Score: 5, Funny

    Is that similar to meta-moderating?

    -1, jailbait.

  2. Swiss independence by redelm · · Score: 5, Interesting
    Oh my. Somebody is going to get into _big_ trouble. The Swiss are _very_ independant minded, perhaps even moreso than Americans. They also take their laws very seriously and playing games is quite simply not allowed.


    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.

  3. In all fairness, by gnarlyhotep · · Score: 5, Insightful

    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.