European Court Decides FileSharers Should Stay Anonymous
Written by Ernesto on January 29, 2008European file-sharers were given a huge legal boost today, as the European Court of Justice declared that EU law does not allow Internet Service Providers to be forced to reveal the personal details of people accused of file sharing.
Telefonica, Spain’s largest telecom operator successfully argued that the law only required it to reveal the identities of those accused of a criminal offense and that sharing of music was a civil issue.
The European Court of Justice agreed with Telefonica in its dispute with the Spanish music rights holders association Promusicae. In order to start civil proceedings, Promusicae had asked for the names of Telefonica subscribers, who allegedly infringed copyrighted material by using KaZaA.
The court said that: “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.”
This ruling is a huge victory for EU filesharers, whose privacy is now backed by a ruling from the European Court. For ISPs this should be a huge relief as well, and they can finally put their time and effort in working for their customers, instead of against them.
The tide is changing for European filesharers. Last week we reported that the data protection commissioner in Switzerland criticized the infamous anti-piracy tracking outfit Logistep for helping to breach the privacy of filesharers. A few days before that decision, Greens EFA, a coalition of two political parties that currently have 42 seats in the European parliament, launched a pro-filesharing campaign named “I Wouldn’t Steal”.
Previously: Rapidshare To Be Forced to Shut Down Following Court Defeat?
Next: Torrentz Introduces Verified Torrents and More New Features
64 Responses
Yes! Yes! Yes! What a great day!
nice :) though its not only for “filesharers” its for people in general, they can now feel safer knowing that ISPs wont give away information unless you commited a crime.
this is extremely good for all internet users as not only music/movie industry are trying to get peoples information from ISPs ;)
That is bloody awesome!!!
BOOM HEADSHOT!
thats good news…. Privacy before captial… thats the thing :D
I’m proud to be a EU citizen !
Respek!
Sources to these great news?
Hell yeah \o/
edit: Thanks!
Anyway, the privacy of file sharers is NOT now “backed by a ruling from the EU court”. The court said, we aren’t gonna make members do it. But if they wanna do it, go for it. We won’t stop you.
[quote comment="274943"]I’m proud to be a EU citizen ![/quote]
Couldn’t agree more!
[quote comment="274969"]edit: Thanks!
Anyway, the privacy of file sharers is NOT now “backed by a ruling from the EU court”. The court said, we aren’t gonna make members do it. But if they wanna do it, go for it. We won’t stop you.[/quote]
True, It’s more that ISPs are backed by the decision. This is a huge relief for them.
We are a source :)
No you ain’t. You’re “reporting” it. A source is the news. This is a source:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080005en.pdf
See what I did there?
Edit Ernesto: I already updated the article with a link to the pdf ;)
thats it, im moving to europe.
Take That in the Ass Davenport Lyons :)
m-m-m-multi kill!
Nothing changes.
I repeat, NOTHING.
So, EU law does not REQUIRE the member countries to force their ISP to reveal information in civil cases ?
But they are NOT PROHIBITED to do so either.
Many EU countries are planning exactly this and some have already implemented this.
Btw, noone is stopping you from filing a CRIMINAL complaint.
Let the district attorney do the dirty work of identifying the IP owner and have your lawyer get the personal information after the case has been closed.
This procedure still works and is being used widely …
i’m glad europeans are moving somewhat in the right direction. not like the us who still think the way the dinosaurs did durint the mesozoic epoch some 190million years ago.
hopefully it will all work out for everyone.
No need for sources even RTL has it on it’s site…
Great, finally justice.
SONIC BOOOOOOOOOOOOOOOOOOOOOM!
YOU LOSE!
LMAO…..:)
Proud to be European, once again!
ISP’s can give out the info if they want but I feel they wouldn’t do it unless it was something like pedaphilia that was being commited. Don’t forget, ISP’s want to keep their customers.
OWNED!!!! hehe :)
[quote comment="275002"]Nothing changes.
I repeat, NOTHING.
So, EU law does not REQUIRE the member countries to force their ISP to reveal information in civil cases ?
But they are NOT PROHIBITED to do so either.
Many EU countries are planning exactly this and some have already implemented this.
Btw, noone is stopping you from filing a CRIMINAL complaint.
Let the district attorney do the dirty work of identifying the IP owner and have your lawyer get the personal information after the case has been closed.
This procedure still works and is being used widely …[/quote]
Wrong, they cant force ISPs to do it, but if they willingly wants to they can. However they cant just do it when ever they feel like it as they have to give subscribers information and allow them to change ISP then.
And since personal piracy is a civil matter they cant file it criminal, and ive not heard anywhere that anyone has done this. They attemted to make it a criminal offence in courts but failed. in US though i think their still trying to make filesharing a criminal offence. but in europe it is NOT so they cant demand information from ISPs, and if a ISP wants to provide information they cant do so immidietly and they have to inform their customers first and change the contracts.
so you humbly fail, im sorry ;)
Respect!
hhehe EU Rocks, US sucks i laugh at us fileshareres
Let’s all laugh at America :)
[quote comment="275123"]Let’s all laugh at America :)[/quote]
I feel sad for them though :( Their victims not clowns..
Hopefully how it plays out in our countries will eventualy affect them aswell and their war might end.
Thanks Heddy :0)
WHAT A DAY ! ! !
am not sure what to make of this blog in view of this.
http://www.ireland.com/newspaper/frontpage/2008/0119/1200605160420.html
“laughs at the united sh1t hole called america”
so I heard, Austria should be a really save haven for Filesharers (according to an article on futurezone.orf.at – written in german)
It says you(Logistep/MPAA/RIAA etc..) are not allowed send infrindgement letters to people in Austria. Anyone can confirm this?
first time happy being a german. normally we always get less or censored to hell.
this is massive.
[quote comment="275173"]People who post on here are dolts.
There is a difference between ‘ their ‘ and ‘ they’re ‘. Learn it, morons.[/quote]
smuck its quite obvious not all are americans posting here, i suggest you troll on other sites where people might care about spelling ;)
like US warcraft forums lots of kids there need to learn spelling. go teatch them! :D
Congrats on making the Digg homepage ;)
This it hotness.
About time Europe did something right in relation to technology.
Smells like someone forgot to buy their judges today!
“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 seem to be reading this differently to others. Just because EC law doesn’t require member states to lay down an obligation to disclose personal data doesn’t mean they prohibit it.
If a person was using the internet for secondary infringement, for example for downloading files which they were selling in the course of a business, then they would be committing a criminal offence and I cannot see why this ruling would prevent an enforcement agency contacting an ISP and asking for data logs etc.
“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 seem to be reading this differently to others. Just because EC law doesn’t require member states to lay down an obligation to disclose personal data doesn’t mean they prohibit it.
If a person was using the internet for secondary infringement, for example for downloading files which they were selling in the course of a business, then they would be committing a criminal offence and I cannot see why this ruling would prevent an enforcement agency contacting an ISP and asking for data logs etc.
[quote comment="275002"]Nothing changes.
I repeat, NOTHING.
So, EU law does not REQUIRE the member countries to force their ISP to reveal information in civil cases ?
But they are NOT PROHIBITED to do so either.
Many EU countries are planning exactly this and some have already implemented this.
Btw, noone is stopping you from filing a CRIMINAL complaint.
Let the district attorney do the dirty work of identifying the IP owner and have your lawyer get the personal information after the case has been closed.
This procedure still works and is being used widely …[/quote]
That’s what I heard on the radio today, also.
Just that the EU court don’t force their countrymembers to give away IP/personal information. But that it was UP TO THEMSELVES to decide.
Basicly nothing changes, which is a bit sad, but still Europe is a nice place for piracy :)
[quote comment="275103"]Respect![/quote]Your statement is incorrect!
ISPs can’t be forced to do anything because of EU, thats true. But all EU-nations are free to implement their own laws to force the ISPs to comply.
The only thing the EU says is: We don’t care either way, all members can set their own rules.
Thats not what I would call a big win for pirates.
[quote comment="275098"][quote comment="275002"]Nothing changes.
I repeat, NOTHING.
So, EU law does not REQUIRE the member countries to force their ISP to reveal information in civil cases ?
But they are NOT PROHIBITED to do so either.
Many EU countries are planning exactly this and some have already implemented this.
Btw, noone is stopping you from filing a CRIMINAL complaint.
Let the district attorney do the dirty work of identifying the IP owner and have your lawyer get the personal information after the case has been closed.
This procedure still works and is being used widely …[/quote]
Wrong, they cant force ISPs to do it, but if they willingly wants to they can. However they cant just do it when ever they feel like it as they have to give subscribers information and allow them to change ISP then.
And since personal piracy is a civil matter they cant file it criminal, and ive not heard anywhere that anyone has done this. They attemted to make it a criminal offence in courts but failed. in US though i think their still trying to make filesharing a criminal offence. but in europe it is NOT so they cant demand information from ISPs, and if a ISP wants to provide information they cant do so immidietly and they have to inform their customers first and change the contracts.
so you humbly fail, im sorry ;)[/quote]post 47 was meant to quote the above..
So basically the whole tone of the original post is one big pair of bollocks.
@44
I would suspect they’d have to have evidence that your we’re selling whatever you were getting before it is a criminal offence. Therefore they still wouldn’t be able to force them. I would hope that most people who fileshare are like me and use it only for personal use and never make a profit from our piracy.
[quote comment="275002"]Nothing changes.
I repeat, NOTHING.
So, EU law does not REQUIRE the member countries to force their ISP to reveal information in civil cases ?
But they are NOT PROHIBITED to do so either.
Many EU countries are planning exactly this and some have already implemented this.
Btw, noone is stopping you from filing a CRIMINAL complaint.
[/quote]
It IS PROHIBITED. EU laws, generaly, only allow such *invasion to it’s citizens privacy* when the issue is related to crime (example: offenses of sexual nature).
It is only allowed in such sititions, that means it is prohibited in all the rest. Plain and simple.
Even if they were allowed to “invade” the privacy, with suspictions of a sexual offense, even in that case, if they find out that they were *also* illegaly sharing files, that wouldn’t matter. The evidence would only be admissible in relation to the sexual offenses. When you ask to such an inspection, you have to actually say what you are looking for.
Basicaly: If you are looking for A, which is a crime; you can’t then say that even though A didn’t happen, B, which is only civil matter, happened and that the evidence we found when looking for A will do the trick.
[quote comment="275098"]in US though i think their still trying to make filesharing a criminal offence. but in europe it is NOT so they cant demand information from ISPs, and if a ISP wants to provide information they cant do so immidietly and they have to inform their customers first and change the contracts.[/quote]
That’s about right. The key words were are “invasion of privacy”.
Laws usually allow an exception to this constitucional principle, only in very limited situations and situations that are carefuly controled. Criminal law is one of those situations, generally speaking.
Anyway, no sane (or possibly a deceived one) person would ever allow – would consent – on an invasion of their own privacy.
So while it might be true that the ISP could hand over the information, the individual person still (and always) has power to invoque that their privacy has been illegaly invaded (along with a whole lof of things).
[quote comment="275312"][quote comment="275098"]stuff[/quote]Your statement is incorrect!
ISPs can’t be forced to do anything because of EU, thats true. But all EU-nations are free to implement their own laws to force the ISPs to comply.
The only thing the EU says is: We don’t care either way, all members can set their own rules.
Thats not what I would call a big win for pirates.[/quote]
It is a big win for pirates, as its highly unlikely that countries will make laws that invades peoples privacy, freedom and human rights for civil matters.
Its up to the people in those countries to protect their interests and preventing sutch laws.
Its a big win as EU did not force all ISPs to having to do sutch a thing. Im pretty sure alot of ISPs are relieved in this news ;)
Jam: So what? The EU is not the USA. Even illegally collected evidence can be used in court in most EU (maybe all) countries. The law system of the USA is absolutely irrelevant outside of US terrority. Other countries have completely different concepts. It’s not just the details. I’m always annoyed by US-Americans who make comments about laws (especially regarding “copyright”) thinking their understanding of US laws has the slightest relevance for the rest of the world. Sadly, there are many Non-US-Americans who “learn” everything about laws through discussions with US-Americans.
The people who hail to the EU due this non-event are worse than morons. They’d probably kill their grandma for a lolipop. The only good thing about the EU is that it’s maybe, just maybe, for the very moment, slightly more humane than the China or even the USA. Nonetheless, the EU is busy catching up and every single member is slowly turning into a police state and almost every political decision is the result of lobbyism.
i want to move to europe *-*
Next step. Declare an I.P address as personal information and private.
© needs to die.
*Cheers
E xtremely
U ncivilized
Great, who wants to bet that in 2 years making a backup of your music will be a criminal offense and not a civil issue.
At 53. Yes exactly. What we have is a wierd mishmash of US legal principle alongside misunderstandings of the relationship between EC and member states law and the added spice of people gettting confused about the difference between all three. Plus, of course, the civil criminal divide.
Thinking that US principles apply to EC law is not something that only fools do. I have just found one of the “leading” IP textbooks, Bainbridge, that is used in second tier UK universities, doing exactly the same thing. Apllying a US Supreme Court decision that was based on the constitution to UK copyright law.
Within the UK at least the presumption is that all evidence is admissable.
This is a breakthrough.
Europe works top-down. Everything what’s been decided on European level, has to be implemented on national level. A European High Court ruling is an interpretation, and should be considered as a European law.
IP-addresses are already considered as being personal information (privacy), so they cannot be given away, unless crime comitted. That’s a quite watertight situation we’re in.
Sure, they’ll try, but then, let’s take that to the European High Court. Before, we only had a law that could’ve been interpreted one way or another, this said how it should be interpreted.
So, until laws are changed, on European level, we’re quite safe. That is, privacy for you and your friend, large scale piracy is a crime, so that’s another story.
Large scale privacy is wrong. Why should we change one corrupt corporation for another, even worse, organisation. I share because money should go to the artists, and extended (but a small %) to the ones that add value, not to some label.
It should be as if it were street musicians. I decide wether I pay or not, and the amount.
wow these n00bs used kazaa?
ROFL what n00bs…
i think ill move to sweden now thank you
Pirates kicked off the net
The government is set to introduce a powerful new independent body with the tough new powers to combat internet piracy.
The new body will be able to have users who consistently use the internet to illegally download films and music cut off by their Internet Service Providers (ISP).
The move would see internet companies, film and record makers and the government teaming up to see that customers are monitored.
It is based on a similar body that was set up in France in November 2007.
Information about persistent pirates would be passed along to the new body who would warn the customer that they may be disconnected from their ISP if the piracy continues.
Gadgets to save the world.
The fight for a better future begun.
Movie, game and music producers have been calling for such action for several years.
They cite the ‘IFPI digital music report’ which states that for every legal music download there are 20 illegal downloads of the same material.
Kicking repeat offenders off the net is seen as more of a deterrent to internet pirates than those currently offered by the legal system.
Chief Executive of the IFPI, John Kennedy went on record stating: “It was about time internet service providers took responsibility for file shares”.
Found this on Supanets Homepage (www.supanet.com)
Looks like things are looking bleak for us British File Sharers
” the European Court of Justice declared that EU law does not allow Internet Service Providers TO BE FORCED TO reveal the personal details of people accused of file sharing. ”
The “to be forced to” is important guys! An ISP could just give the personal details of people accused of file sharing if they can make an agreement with the Majors & Co…
Especially if the ISP is owned by the same company as a major. Like Time Warner, who owns Time Warner Cable and the Warner movie/music giant.
Andrew (65), fortunately Time Warner Cable isn’t an ISP in the EU. Isn’t Time Warner Cable (previously known as AOL America) completely blocked by BlueTack/PeerGuardian anyway? Actually at some time I had the sneaking suspicion that MPAA/RIAA members are going to buy all major ISP in the USA so that they can fully control what happens on their part of the internet and easily sue every customer because they can link all their IP addresses directly to customers. After all, most ISPs introduced cheap broadband access because they wanted to make with pay-per-view videos and music. So they are/were kinda already in bed with MPAA/RIAA.
But what about those countries where copyright infringement actually is covered by criminal law? (Germany for example has criminal laws within the so called UrhG)…
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