This week a ruling from Switzerland’s Federal Court said that an anti-piracy company broke privacy laws when they monitored file-sharers and then used the collected data to extract payments from alleged infringers. While some may think this gives a green light to file-sharers, those sharing large amounts of media should think again – the police might just start showing an interest.
A notorious Switzerland-based anti-piracy tracking company has to stop harvesting the IP addresses of citizens using P2P networks. The Swiss High Court ruled that IP addresses constitute personal information and when Logistep collected them without the owner’s knowledge, that amounted to a breach of privacy laws. From its eDonkey Razorback beginnings, via France through to yesterday’s conclusion, here is the full story.
Lawyers ACS:Law and their anti-piracy partners Logistep are currently harassing around 6,000 alleged file-sharers, demanding £665 from each to make threats of legal action go away. In yet another blow to their tenuous claims, ISP association ISPA says that its members are “not confident” that the evidence accurately identifies infringers.
Anti-piracy groups and lawyers across Europe are unmovable – they say that since they logged a copyright infringement from a particular IP address, the bill payer is responsible. Now a court in Rome has decided that on the contrary, an IP address does not identify an infringer, only a particular connection.
A Swiss court has ruled that an anti-piracy tracking company can continue monitoring the public on the Internet. The court said that the need to fight illicit file-sharers outweighs the need to protect an individual’s privacy on the Internet, and that the ends justified the means.
After Atari received some bad press recently for mistakenly accusing an elderly couple of pirating one of its games, the company has now stopped the anti-piracy campaign in question. The “witch-hunt”, carried out by the UK law firm Davenport Lyons on behalf of Atari, based on spreadsheets full of IPs gathered by a company named Logistep, continues to lose credibility.
This week, alleged game pirates in the UK have been condemned to the ruination of huge fines and misery. Well, not quite. See, if defendants don’t turn up in court, it’s easy to get a default judgment and huge damages because no-one contests the evidence. So what’s the truth and what evidence do the lawyers really have?