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EU Court Says File Sharers Don't Have To Be Named
Stony Stevenson writes "European Union countries can refuse to disclose names of file sharers on the Internet in civil cases, the EU's top court said. The European Court of Justice has ruled on a dispute between Spanish music rights holders association Promusicae and Spain's top telecoms operator Telefonica over Telefonica's Internet clients who shared copyright material on the Web. Telefonica argued that, under a national law based on EU rules, it only had to disclose the name of an Internet subscriber for criminal actions, not civil ones. But the court said: 'Community law does not require the member states, in order to ensure the effective protection of copyright, to lay down an obligation to disclose personal data in the context of civil proceedings.' I wonder if this ruling will have any effect on other cases in other countries."
Probably not. The Spanish law doesn't require telcos to disclose the requested information (actually they would get in serious trouble if they provided it to third parties without a judge involved), and the EU said that said law is ok, but other countries could have a different law and that would be ok as well.
Not only for themselves, but also for every anti-filesharing organisation in Europe. This means that every anti-filesharing organisation will have a MUCH harder time suing people for God knows what. Meanwhile, the Dutch anti-fs org. is trying to act like nothing is wrong by saying that national law trumps European law. Unfortunately for them the opposite is true.
When I first heard this news it put a big grin on my face. Take that, you asshats.
Knowledge is power. Knowledge shared is power lost.
I wonder if this ruling will have any effect on other cases in other countries.
Not in the U.S., that's for sure. We don't care what them damn heathen furriners do in all them other countries...
"Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
We had an article up a few days ago where a file-sharer hunting company was starting criminal cases to get the person's name, settling out of court, and dropping the case. Though forcing everyone to play hardball makes it interesting, is this really the best way to go about things? Litigating groups will just pull the same stunt until the judges get sick and tired of the riff-raff dragging rather harmless defendants across the coals.
I predict the industry and anti-piracy lobby groups to focus on newer additions to the EU from Eastern Europe to do just this. These countries use more EU aid and can be painted as piracy hotbeds.
Well, thanks to the Internet, I'm now bored with sex.
Not being an expert here, could someone tell me the difference between a civil law and a criminal law? Is there any way for the file shares to be persued using criminal law?
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I could search on the internet, but having an answer here would be useful to other readers of
Jumpstart the tartan drive.
I bet Sony BMG and Universal will back file sharing sites sooner than most think.
The question is not whether they'll do it but when. Everyone knows their position is getting weaker by the day, and the more DRM and restrictions and other technology they add the more the music industry smells like Vista.
European Fail
Often wrong but never in doubt.
I am Jack9.
Everyone knows me.
for those of us with westlaw and lexis is there an offical report/ trascript available? anyone have a citation?
Local lawyers have already found a workaround for this obstacle. They first open a criminal case and receive the identity information from the police. Later they file the civil case.
...a stunned silence fell upon the hall.
imsparticus ? It's Spartacus.
Italy mandated the issue of penal process for multimedia piracy, so that wouldn't apply (sadly).
Some time when you're asleep or in bed with your brother, some silent Father Abraham Assasin (with his Smurf crack attack squad) will choke you to death on his beard. While you silently scream into the suffocating mass of hair, he will smile at you as the life leaves your eyes and you will die knowing that he has many more people to kill. And he'll enjoy every last one of them.
Don't sleep too soundly.
Police need proof of a crime before they can request an exemption to acquire data that would otherwise be protected under the data protection act.
Not that it matters because both Labour and Conservatives are in the pockets of the music industry so they'll probably just ignore this ruling and I can't see any other party getting in.