The International Federation of the Phonographic Industry has run into another roadblock in its legal battles against suspected file-sharers in Europe. German prosecutors have begun denying requests to force ISPs to identify the subscribers behind IP addresses, saying that the alleged file-sharing was a "petty offense."
The most recent ruling came from a court in Offenburg, Germany. Responding to a request from the German music industry for the names and addresses of users allegedly engaged in file-sharing, the court instructed the public prosecutor's office not to turn over the data. According to German-language Heise Online, the court said that the labels did not explain how a "criminally relevant damage" could have arisen from the alleged file-sharing
Under German law, if the IFPI or anyone else wants to get subscriber data from an ISP, it needs to go through the public prosecutor's office. Unlike the US—where the RIAA can file a John Doe lawsuit, obtain an ex parte subpoena, and finger the suspected infringer without his or her knowledge of the lawsuit—German law has no provision allowing for civil proceedings to obtain ISP subscriber info.
The Offenburg decision is only the most recent in a string of setbacks for the record labels in Germany, according to Heise Online. A February complaint made by a law firm that typically handles file-sharing litigation for the music industry in Germany was rejected by the chief public prosecutor's office in Celle. In that case, the prosecutor ruled that the law firm could not demonstrate that any "substantial" damages to the record labels occurred. According to a copy of the letter seen by Heise, the prosecutor's office also expressed doubts that the labels would pursue a criminal case.
Meer bij de bron : arstechnica.com
Duitse advocaten noemen filesharing kruimeldiefstal
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Praetorian
- Premium Member
- Berichten: 645
- Lid geworden op: 30 sep 2005, 11:37
zie de recente scarlet zaak en je weet het antworod op je vraag: nee dusOfloo schreef:Is dat in België ook niet zo !? Die gasten doen alsof de wereld ten onder gaat.
