The coalition, headed by SGAE and Promusicae, took the now-common stance of demanding that ISPs implement a “3 strikes” strategy for alleged online pirates, but this was rightly dismissed by the ISPs. The rights holders then came back with a new demand to throttle alleged file-sharers instead. The ISPs refused this request too.

According to Canalejo, the other major reason why negotiations broke down was the failure of the content providers to provide an attractive legal alternative to illicit file-sharing. “Piracy is not a phenomenon that must be pursued and demonized,” he said, while branding the currently provided legal alternatives as “derisory”.

To reduce piracy, the ISPs made the suggestion to the Ministry of Industry that it should create a portal to offer music, movies and games.

“Content providers should have a more entrepreneurial approach. They are defending a traditional distribution model and we’re creating a new business,” said Canalejo.

Noting that any changes should come through awareness and education, Canalejo said that negotiations with rights holder could only resume when the government becomes open about its plans for measures against file-sharing, adding that any measures must “protect Internet users and give legal certainty to ISPs.”

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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.

Article from: TorrentFreak, check out our new blog at FreakBits.