TorrentFreak

Most Internet service providers log information about their users, such as when they use the service and the IP addresses they were allocated at the time. This information is useful for ISPs’ housekeeping but it’s also an invaluable resource for copyright trolls looking to track down file-sharers. Can an ISP be forced to collect and retain such data? In a disappointment to rightsholders, a higher regional court in Germany has clarified that ISPs cannot.

A ruling handed down yesterday by Germany’s highest court represents a blow to rightsholders in their quest to clamp down on illicit file-sharing. The court ruled that the parents of a teenager who had made available more than 1,100 songs on file-sharing networks can not be held responsible for their son’s infringements, nor be required to monitor or hinder his online activities.

Despite not owning a computer or even a router, a retired woman has been ordered by a court to pay compensation to a movie company. The woman had been pursued by a rightsholder who claimed she had illegally shared a violent movie about hooligans on the Internet, but the fact that she didn’t even have an email address proved of little interest to the court. Guilty until proven innocent is the formula in Germany.

This week the German Pirate Party reached an impressive milestone as it hit double digits in the polls for the national elections. With one in ten Germans embracing the ideas of the young party, the Pirates are on course to gain serious influence in one of the world’s major political arenas.

A few days ago Siegfried Kauder, Chairman of the Legal Committee of the German Parliament, announced a plan to introduce a two-strikes model for persistent pirates. After two warnings, Internet users would lose their Internet access to protect the interests of copyright holders. However, it now turns out that the politician himself might be the first to be disconnected as his website features copyrighted photos that were lifted without permission.

In a case brought by EMI against one of Germany’s largest Internet service providers, a court has ruled that the ISP cannot be held liable when its subscribers infringe copyright. Music giant EMI wanted the ISP to block a certain file-sharing site but the court decided otherwise and dismissed the case.

As the United States recoils in horror at the rapid acceleration of so-called ‘speculative invoicing’ schemes designed to force cash from alleged file-sharers, over in Europe the Germans are showing how it’s really done. According to information published by Germany’s Internet industry association, rightsholders there are targeting 300,000 alleged file-sharers every month – a staggering 3.6 million a year.