UPC hands over filesharers name to BREIN

The Dutch anti-piracy organization BREIN collected the name of one of the bigger “ulpoaders” at the busted BitTorrent site “dikkedonder”.

This is the outcome of a legal struggle between the Dutch ISP UPC and the anti-piracy lobby BREIN. Last week the judge ruled that UPC had to hand over the “private” customer information because:

1. BREIN proved, beyond reasonable doubt, that files had been swapped illegally.
2. The person swapping the files was the same person as the registered customer.

One could argue if these conditions are sufficient, and if they were even met, but UPC decided not to appeal.

This is the first time that an ISP in The Netherlands handed over private customer information to the Dutch piracy watchdog. Luckily there was also something positive in the Judge’s ruling. The judge added that “small scale” or “incidentally” uploading copyrighted material is not likely to be sanctioned.


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