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The Courts Government News Your Rights Online

EU Court Says File Sharers Don't Have To Be Named 52

Stony Stevenson writes "European Union countries can refuse to disclose names of file sharers on the Internet in civil cases, the EU's top court said. The European Court of Justice has ruled on a dispute between Spanish music rights holders association Promusicae and Spain's top telecoms operator Telefonica over Telefonica's Internet clients who shared copyright material on the Web. Telefonica argued that, under a national law based on EU rules, it only had to disclose the name of an Internet subscriber for criminal actions, not civil ones. But the court said: 'Community law does not require the member states, in order to ensure the effective protection of copyright, to lay down an obligation to disclose personal data in the context of civil proceedings.' I wonder if this ruling will have any effect on other cases in other countries."
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EU Court Says File Sharers Don't Have To Be Named

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  • by ccguy ( 1116865 ) * on Tuesday January 29, 2008 @04:38PM (#22226308) Homepage

    Community law does not require the member states, in order to ensure the effective protection of copyright, to lay down an obligation to disclose personal data in the context of civil proceedings.
    Notice the wording: Member states are not *required*... but they can, if they wish, lay down such an obligation.

    I wonder if this ruling will have any effect on other cases in other countries.
    Probably not. The Spanish law doesn't require telcos to disclose the requested information (actually they would get in serious trouble if they provided it to third parties without a judge involved), and the EU said that said law is ok, but other countries could have a different law and that would be ok as well.
    • by Splab ( 574204 ) on Tuesday January 29, 2008 @04:41PM (#22226348)
      Damn you beat me to it. Here in Denmark the citizens aren't protected - so the 110 new cases the APG (RIAA/MPAA/BSA organization in Denmark) just submitted will go through.
    • Re: (Score:3, Interesting)

      by JoeInnes ( 1025257 )
      Correct. However, most ISP privacy policies state that they may be forced to disclose user information in criminal investigations. Therefore, it may be possible for people defending to get evidence dismissed. IANAL, and I'm not certain whether privacy policies are legally binding, or if the omission of "civil or" is significant.

      Maybe someone who knows better than me can comment?
      • by Splab ( 574204 ) on Tuesday January 29, 2008 @04:56PM (#22226540)
        Indeed we can, unlike the US criminal system, any evidence encountered can and will be used against you (well at least in Denmark). The Danish police did some illegal searches during the problems with "Ungdomshuset" - during those searches they found drugs (mainly cannabis) those people will be fined even though the search was illegal, they where in possession of the drugs.
        • I cannot speak for the rest of Europe, but at least in Belgium, illegally acquired evidence can not be used in court.
    • by faragon ( 789704 ) on Tuesday January 29, 2008 @05:25PM (#22226952) Homepage

      Probably not. The Spanish law doesn't require telcos to disclose the requested information (actually they would get in serious trouble if they provided it to third parties without a judge involved), and the EU said that said law is ok, but other countries could have a different law and that would be ok as well.


      In Spain, judges play the "God mode" role, there are almost no limits for them, and are the only ones that are able to request *private* held information. As user, Telefonica/Orange/Jazztel/ONO/BT/ya.com/COLT/whatever can not, in no case, provide private information to third parties other than to the case instructing judge. Both "Promusicae" and "SGAE" are RIAA-like private associations. In the case of "SGAE" (stands for "Sociedad General de Autores y Editores", that can be poorly translated as "Authors and Editors General Association" -theorethically a non profit association-), they get money as "canon" -as euphemism, because in Spain a private company can not emit taxes!- for every suitable media (CD/DVD-R*, Hard Disks, flash memory, etc.). In my opinion, Al Capone had, much better gang taste.

      As side effect of the undercover taxing, most people buy media to other countries, not only avoid the "canon" (Al-Capone-like tax, as is being issued by a *private* organization), but also VAT and other taxes (!). That stupid measure is generating a huge black market of media, and hurting badly the little computer shops.

      Media associations (RIAA an others) are pushing without thinking about that who make the laws are the same that buys the media. The boomerang is already going back, por borregos y avariciosos.
      • This ruling will possibly have a huge impact in Sweden. This summer a proposition was introduced by the government to force ISPs to release IP adresses of suspected file sharers. The argument was that EU law required such a law, and that's clearly not the case now.

        Under swedish law you need the equivalent af a search warrant in able to obtain a users IP address and that will only be issued for criminal offenses, with a maximum penalty of two years in jail, or more. That is not the case with file sharing a

        • by faragon ( 789704 )
          Please check your constitution, I hope that no civil law can override constitutional rights in Sweden (I know Jönköping and Stockholm, and so civilized country deserves a civilized carta magna), however, unconstitutional laws can be runned until some civil association action tries to stop the madness.

          Exiting times indeed in Sweden with growing fears about privacy, the influence of swedish and american record companies and the impending trial of The Pirate Bay.

          Same fears here, in Spain. Goverments could use the media way as an *excuse* to cut civil rights. We must stop it, it is not about not paying for copyrights, its about individual freedom (!).

          H

    • by iLogiK ( 878892 )
      IANAL, and i'm not sure how relevant it is, but as I understand it, unlike the states, precedents aren't so important in the EU.
      • Re: (Score:3, Informative)

        by Weedlekin ( 836313 )
        It depends what you mean by "the EU". Precedents aren't set by judicial decisions in the European Courts of Justice (ECJ), although it's fairly common for them to refer to prior decisions when making new ones. Not all EU member states operate in the same way however, with the UK for example still using their venerable precedent-driven Common Law that the US legal system is based on.
    • Actually it does influence alot other countries, in Austria for example, the ISPA ( internet service providers association ) issued the statement that accordingly to this ruling, the ISP's do not have to give out any personal information about filesharers ( which wasn't done anyway ) without a court order. Funnily enough, since 1.st of January, court orders aren't issued anymore for civil court cases, which includes filesharing. At this moment, in Austria, there is a golden age for filesharers, since the I
  • Not only for themselves, but also for every anti-filesharing organisation in Europe. This means that every anti-filesharing organisation will have a MUCH harder time suing people for God knows what. Meanwhile, the Dutch anti-fs org. is trying to act like nothing is wrong by saying that national law trumps European law. Unfortunately for them the opposite is true.

    When I first heard this news it put a big grin on my face. Take that, you asshats.
    • Re: (Score:3, Insightful)

      by jonbryce ( 703250 )
      Unfortunately for you, the opposite is not quite true.

      This court rulings says that European law does not require telcos to supply information, and it does not prohibit it either. Spain does not have any national law on the subject, so Telefonica are not required to supply this information. If Holland does have such a law, then the likes of Chello would be required under Dutch law to supply the information.
    • Not only for themselves, but also for every anti-filesharing organisation in Europe. This means that every anti-filesharing organisation will have a MUCH harder time suing people for God knows what. Meanwhile, the Dutch anti-fs org. is trying to act like nothing is wrong by saying that national law trumps European law. Unfortunately for them the opposite is true.

      Keep in mind that there is a civil law system in most EU countries (I think the only exceptions are the UK and the Republic of Ireland), so there

      • by Pax681 ( 1002592 )
        "he only exceptions are the UK " sorry but just plain WRONG http://www.scotland.gov.uk/Topics/Justice/Civil [scotland.gov.uk] that's Scottish law which is seperate and discinct from english law i am sure if you look you'll find that england also has plenty civil law cases.
        • I am sorry, I didn't want to offend the Scottish, of course the Scottish have a civil law system. I didn't want to mention that since my original comment was about the rest of Europe and not the UK so it would have been a little bit irrelevant here. Anyway the rest of the UK AFAIK has common law (I am not sure about Gibraltar though). And the rest of Europe doesn't (except the Republic of Ireland, and probably Malta and maybe Cyprus but honestly I'm not sure about those two and too lazy to check out Wikiped
  • by Stanislav_J ( 947290 ) on Tuesday January 29, 2008 @04:41PM (#22226354)

    I wonder if this ruling will have any effect on other cases in other countries.

    Not in the U.S., that's for sure. We don't care what them damn heathen furriners do in all them other countries...

  • We had an article up a few days ago where a file-sharer hunting company was starting criminal cases to get the person's name, settling out of court, and dropping the case. Though forcing everyone to play hardball makes it interesting, is this really the best way to go about things? Litigating groups will just pull the same stunt until the judges get sick and tired of the riff-raff dragging rather harmless defendants across the coals.
  • by El Yanqui ( 1111145 ) on Tuesday January 29, 2008 @04:52PM (#22226484) Homepage

    EU rules do not preclude the possibility for EU countries of laying down an obligation to disclose personal data in the context of civil proceedings, it said.

    "However, it does not compel the member states to lay down such an obligation," the court said.
    It doesn't compel them to do so now. It doesn't mean that the EU won't change that law to be more stringent. What's even more likely though, is that the industry lobbies the EU and the law remains the same, but becomes attached to other conditions. Your country wants EU aid to help with communications infrastructure? Sure, but you'll need to comply with this law. It's the same way the drinking age changed to 21 in all the States; it became a requirement for Federal highway funds due to lobbying from MADD.

    I predict the industry and anti-piracy lobby groups to focus on newer additions to the EU from Eastern Europe to do just this. These countries use more EU aid and can be painted as piracy hotbeds.
    • "I predict the industry and anti-piracy lobby groups to focus on newer additions to the EU from Eastern Europe to do just this."

      Be damn sure about it. It's *already* happening. Just alike RIAA or BSA, when you gain money in the hundreds of millions*1 basically with no effort you are aplenty of time for lobbying to support your 'statu quo'.

      SGAE's (Spanish RIAA) current policy is spending vast amounts of money (it's easy to expend lots of money when you don't need *any* effort to earn it first) in marketing
      • "That's on a *public* TV."

        TV companies in most of the world regard "piracy" as a threat to their own sources of revenue, so the fact that they transmit advertising for their own viewpoint disguised as news shouldn't surprise you or anyone else.
        • "TV companies in most of the world"

          Maybe the world "public" is not the one to be used here (sorry, I'm not English speaking). I meant a government-owned TV channel.
  • Criminal vs Civil (Score:3, Interesting)

    by Midnight Thunder ( 17205 ) on Tuesday January 29, 2008 @04:54PM (#22226518) Homepage Journal
    Not being an expert here, could someone tell me the difference between a civil law and a criminal law? Is there any way for the file shares to be persued using criminal law?

    I could search on the internet, but having an answer here would be useful to other readers of /.
    • Here is something describing criminal and civil law, in the USA though the definition is probably universal:

      http://www.rbs2.com/cc.htm [rbs2.com]
    • by mikael ( 484 )
      In criminal law, it is always the government that is taking up litigation against the other party. In civil law, it is another private individual or corporation that starts the litigation process. Intellectual property (patents/copyright) violations are an example of the latter.

      Difference between civil and criminal law [rbs2.com].

      Technically, they might be able to argue that placing music on a publicly accessible computer without purchasing a Copyright Music License from the Performing Right Society amounts to a crimi
    • by definition criminal law governs crimes (felonies and misdemeanors). Crimes are offenses against the state. Civil law deals with private offenses, such as violations of contracts, and failure of professional duty. I think it is males difference clear to you.
  • I bet Sony BMG and Universal will back file sharing sites sooner than most think.

    The question is not whether they'll do it but when. Everyone knows their position is getting weaker by the day, and the more DRM and restrictions and other technology they add the more the music industry smells like Vista.
  • European Fail
  • for those of us with westlaw and lexis is there an offical report/ trascript available? anyone have a citation?
  • Local lawyers have already found a workaround for this obstacle. They first open a criminal case and receive the identity information from the police. Later they file the civil case.
    • by Benaiah ( 851593 )

      Local lawyers have already found a workaround for this obstacle. They first open a criminal case and receive the identity information from the police. Later they file the civil case.
      Surely the police wont be happy that their resources are being used in a fraudulent manner.
      Its unlikely that such a dubious relationship will continue unabated.
    • Police need proof of a crime before they can request an exemption to acquire data that would otherwise be protected under the data protection act.

      Not that it matters because both Labour and Conservatives are in the pockets of the music industry so they'll probably just ignore this ruling and I can't see any other party getting in.
  • imsparticus ? It's Spartacus.

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