Major Victory Within Reach For European File-Sharers

Written by enigmax on July 18, 2007 

European file-sharers were given a huge legal boost today when the Advocate General to 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.

According to Juliane Kokott, Advocate General to the European Court of Justice, anti-piracy and copyright enforcement groups may not be able to demand that ISP’s hand over the names and addresses of those they accuse of file-sharing.

Kokott, top legal adviser to the European Union’s highest Court said that while it is a requirement for ISP’s to divulge personal details in criminal cases, the law does not have the power to force them to disclose the same in a civil case. In Europe, the personal, non-commerical sharing of copyright works is a civil issue.

The statement was issued to help judges come to a decision in the case involving Promusicae - a Spanish music industry organisation - and Telefonica, Spain’s biggest ISP. Promusicae sued Telefonica after they refused to reveal the identities of some of its customers who were accused of swapping copyright music using the file-sharing software, KaZaA. If it had been successful, Promusicae would have used the information to take legal action against those it accuses of sharing music to which it holds the rights.

Telefonica appears to have 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.

Juliane Kokott’s advice will be reviewed by the judges and a ruling will be issued later on in the year. According to a report, the judges ‘follow their advisers opinions about 80% of the time.’

Earlier this year, UK law firm Davenport Lyons successfully obtained the identities of hundreds of people it claimed had infringed its client’s copyrights by sharing the game Dream Pinball. It remains to be seen if today’s legal advice will affect those who have already had their details handed over.

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Previously: Harry Potter Fans Transcribe Book from Photos

Next: MPAA Responds to Harry Potter Leak

20 Responses (Add yours or TrackBack)

1 Jul 18, 2007 at 20:46 by Johan

Oh, how I love european law!

2 Jul 18, 2007 at 20:46 by Johan

Oh, how I love european law! ,

3 Jul 18, 2007 at 21:15 by shiny

I really hope this law sticks! it would make my year!

4 Jul 18, 2007 at 21:31 by Hadron

I fear, this case will be one of those 20%, where the judges do NOT follow their advisers. The lobby in Brussel is stronger than you think.
Financial interests seem to overrule arguments of protection of one’s data privacy :(

5 Jul 19, 2007 at 04:00 by Torrent Lover

If the law sticks, Hollywood prepare your ass! The real Torrent begins now!

6 Jul 19, 2007 at 05:20 by ColdFission

Great move by the ECofJ. We just need some of their IQ’s to pass over here in North America. XD

7 Jul 19, 2007 at 10:03 by DK

Call me cynical but how long before sharing a single file will be twisted as for commercial purpose or outright made a criminal offence (with longer prison term than arson, rape and manslaughter)?

Not long…

8 Jul 20, 2007 at 00:34 by An0nym0us

Now that is news to give you a huge smile. X-D

9 Jul 21, 2007 at 02:43 by Damon

Thinking about it, without knowing who you are, they cant tell if your downloading for commercial gain. They will have to find you to ascertain if you are doing it for commercial gain, thus circumventing the whole idea.

10 Jul 21, 2007 at 20:19 by Mapi

~uploads another 300 torrents~
I hope a war will soon start and new P2P technologies (ofcourse lots faster!) will develop, I like this :)

11 Jul 24, 2007 at 12:55 by Shadowbird

Mapi: The speed of p2p transfers is not dependant on the technology.

I agree with DK - lobbying for sharing copyrighted material to become a criminal offence is what I expect from the industry.

12 Apr 28, 2008 at 06:55 by Jack

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