German Court: ISPs Must Hand Over File Sharer Info 136
itwbennett writes "The German Federal Court of Justice has ruled that ISPs have to turn over to rights-holders the names and addresses of illegal file sharers, but only 'if a judge rules that the file sharer indeed infringed on copyright,' said the court's spokeswoman, Dietlind Weinland. The ruling overturns two previous rulings by regional courts and is significant because the violation doesn't have to happen on a commercial scale, but applies whenever 'it is possible to know who was using an IP address at the time of the infringement,' the court said."
Re:"..know who was using an IP address..." ? (Score:5, Informative)
Except that our juridical System (fortunately) doesn't include a ridiculous entity like a "Grand Jury", the rest of the 5th Amendment does have an equivalent in Germany. The main difference being perhaps that it isn't an "Amendment" over here, which speaks for itself.
Whatever.
Re:"..know who was using an IP address..." ? (Score:4, Informative)
"Intellectual property" is a fiction. It's a mass-delusion. It's a choice....
IP is none of these. IP is a variation of a business model known as rent-seeking in economics. Basically, a natural or legal (such as IP) monopoly creates excess profits, which allow those making them to engage in various tactics that extend the monopoly. Since the profits and the harm from such tactics are distributed very unevenly (few get very rich, while the huge majority loses a little), the incentives and resource availability may prevent political corrective of the rent-seeking even in a democratic society.
YOu ignoring what the OP said (Score:5, Informative)
"The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to Magna Carta in 1215. For instance, grand juries and the phrase due process (also found in the 14th Amendment) both trace their origin to Magna Carta."
So before you ask people to learn about history.... learn about yours. That 5th amendement you seem so proud of, comes from europe.
Re:Subpoena (Score:2, Informative)
The way it is working in Germany, first hand experience from a couple of years back:
Basically, for the first infringement, the fine is lower than the costs of going to court. If you are stupid enough to get caught a second time, you're asking for it.
The ruling from the federal court is quite important, as different Landers have different positions on copyright enforcement. Until that ruling, local branches of large ISPs and small scale ISPs could still had some leeway... now they no longer have it.
Re:"..know who was using an IP address..." ? (Score:5, Informative)
IANAL, but I live in Germany and have both professional and private experience with the laws and courts.
It is not that simple. There is a principle called "StÃrerhaftung" in the german legal system, it means that if the culprit can not be identified, the one providing the means can - under certain circumstances - be brought to trial in his stead. It sounds idiotic, but makes sense if you let me explain:
Imagine your car is used for a traffic violation. Of course they find you through the number plate. You claim that at the time you didn't drive the car and you don't know who did. Say, you were drunk that evening and you remember handing the keys to some friend to drive you home, but you can't remember who. This will usually result in charges being dropped because no culprit can be identified. However, if you try that several times, the court will at one point tell you to a) keep a log book in your car from now on where everyone driving has to write down his trips and b) next time this happens, they will charge you.
There is currently an active discussion on whether or not the same rules apply to things such as an open WiFi. Again, you can easily say that someone else was using it. From the POV of the law, that's a loophole, and too easily exploited by simply doing bad things and then claiming someone else must've done it.
In light of that discussion, this is a part of the legal solution to copyright infringement on the Internet. I've not studied it in detail, but it seems balanced on first glance - the requirement to have a court sign it means that most copyright holders won't bother for small-time filesharers, because it's too cumbersome and expensive.
Re:YOu ignoring what the OP said (Score:0, Informative)
Contrary to what some anglocentrists may believe, Great Britain certainly is not most of Europe. Also, common law is not in use anywhere in Europe other than GB.
Re:"..know who was using an IP address..." ? (Score:5, Informative)
To be fair, this thread is about Germany. All governments are liars and murderers. So let me share the love: Fuck Germany. I am sitting here in the poor district of Berlin with no money, no work, and no food in my house. The state owes me over 1000 Euros, but they wont pay it because they have deliberately lost the paperwork I filed to claim it. After they first returned it to me complaining that I filed it a few days early. Everyone who deals with this government branch knows they deliberately lose paperwork, and do their best to screw you. No one can do anything about it though. Fuck Germany.
I am sorry that rant wasn't more on topic but the way Germany deals with copyright law in the context of individual breaches through filesharing is fair and reasonable, and I have no complaints about it. They screw over the entertainment and hospitality industry, not to mention the artists with their GEMA [wikipedia.org] (local branch of the mafiaa), but that is offtopic too as this article is about filesharing.