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EU court shoots down attempt to force ISP disclosure of customer data

Written by Rich Fiscus (Google+) @ 29 Jan 2008 21:52 User comments (8)

EU court shoots down attempt to force ISP disclosure of customer data The European Court of Justice, the EU's top legal authority, sent a clear message to content owners that their exclusive right to distribute copyrighted works doesn't trump personal privacy rights of ISP customers.
The decision came in a case where Promusicae, a non-profit organization representing music producers and publishers, was suing to force Spanish telecommunications company Telefonica to turn over names and addresses of people allegedly violating copyright laws by sharing music on the Kazaa P2P network. Telefonica officials had refused to identify their customers, citing Spanish law which they say only allows them to share customers' personal data for public safety or national security purposes.

The court's decision basically came down to the question of one individual's rights versus another's. While the court acknowledged the importance of enforcing intellectual property law, they were emphatic that enforcement efforts may not "affect the requirements of the protection of personal data."

"The directives on the protection of personal data also allow the member states to provide for exceptions to the obligation to guarantee the confidentiality of traffic data," the court added.

John Kennedy, head of international music industry trade organization IFPI, responded to the judgement saying "The judgment means that music rights owners can still take civil actions to enforce their rights, and it has sent out a clear signal that (EU) member states have to get the right balance between privacy and enforcement of intellectual property rights and that intellectual property rights can neither be ignored nor neglected."

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8 user comments

130.1.2008 4:13
nobrainer
Inactive

when we get IP addresses classed as personal data in euro they ain't got a chance in hell, but if this becomes the norm for euro expect a huge backlash from isp's once ppl leave the internet and in droves because the just got flagged for watching content on youtube, ect that has been flagged and been given their red card.

and here is the next law the puppet of the US media France will adopt!

Copy a CD, owe $1.5 million under "gluttonous" PRO-IP Act

Originally posted by hyperlink:
Not content with the current (and already massive) statutory damages allowed under copyright law, the RIAA is pushing to expand the provision. The issue is compilations, which now are treated as a single work. In the RIAA's perfect world, each copied track would count as a separate act of infringement, meaning that a copying a ten-song CD even one time could end up costing a defendant $1.5 million if done willfully. Sound fair? Proportional? Necessary? Not really, but that doesn't mean it won't become law.
RIAA sees a 99.6% capitulation rate from students at UT
Originally posted by hyper:
Since the onset of what the RIAA calls its "college deterrence campaign" in February 2007, it has sent out a total of 4,557 prelitigation settlement letters
Over half of those students—54.7 percent—apparently decided to avoid a lawsuit and settle with the record labels for at least $3,000 (netting the RIAA $261,000+ in the process). 72 students ignored the settlement letters, but the overwhelming majority of those, too, settled once a John Doe lawsuit was filed.
If i was sued by the RIAA i would NEVER purchase another album or single again in my life, so suing college kids instead of educating them is surely counter-productive unless they get the monies for every album they ever purchase up front and never actually have to give them the products or pay the artists!
This message has been edited since its posting. Latest edit was made on 30 Jan 2008 @ 4:57

230.1.2008 7:20

It's going to be an interesting next few years for the internet and it's users. Pirates and Net neutrality might finally be decided.

330.1.2008 7:44

From reading John Kennedy's reply to the judgment, it seems as tho he still has his head up his butt. To me it appears that he still thinks that music content owners can force the ISP's to divulge personal information if they get hounded enough. Course this is the same idiot that is trying to get the law passed in France that will force the ISP's to monitor their traffic for violators. The guy is a moron pure and simple. He should be working for the RIAA with that attitude. It's the same song they've been using to try and justify the loss of sales of CD's. We know that you're sharing music and we don't want that unless you're getting it from us at an exorbitant price.

430.1.2008 9:34

Wow at least the EU courts have some common sense.

Yes, the RIAA does hold more influence in US courts. But then again the US is filled with government officials who will pass laws in your favor if you offer to give them $10 and a pack of gum.

530.1.2008 9:50
nobrainer
Inactive

Originally posted by logan1957:
The guy is a moron pure and simple. He should be working for the RIAA with that attitude. It's the same song they've been using to try and justify the loss of sales of CD's. We know that you're sharing music and we don't want that unless you're getting it from us at an exorbitant price.
the IFPI is the RIAA and BPI and all the other organisations around the globe, the IFPI is like one ring to control them all told what to do by the music industry pushing for the same global laws.
This message has been edited since its posting. Latest edit was made on 30 Jan 2008 @ 9:50

630.1.2008 16:07

bravo, keep telling them to "go fish"

73.2.2008 11:04

Somehow a vacation to Europe looks enticing all of a sudden.
We need these kind of rulings world wide!

This message has been edited since its posting. Latest edit was made on 03 Feb 2008 @ 11:43


820.2.2008 6:46

I am always impressed at the direction the EU is taking i think the rest of the world should take note and follow in their foot steps :)

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