RSSEU Likely to Protect File Swapper Identities
By the Betanews Staff | Published July 18, 2007, 2:04 PM
While the RIAA has been making headway in the United States by suing anonymous alleged file sharers with just an IP address and obtaining their names and addresses from the Internet service providers, things could prove more difficult in Europe if a recent court recommendation holds up.
An advisor for the European Court of Justice has stated that Spain's Telefonica is not required to reveal the identity of file swappers so Spanish music association Promusicae could take legal action against them. Telefonica argued that it should only have to disclose personal information for a criminal prosecution, not a civil action. The advisor's opinion will be taken into consideration by the judges, which typically follow such recommendations.
What about cases of defamation of character etc? Somehow I doubt the ISP will wanna take the heat for a lying customer (he'll get sued instead cuz SOMEONE has to take accountability or the law IS USELESS). Likewise in cases of music piracy. IANAL...
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|Then they can take it to criminal court.
The main issue here is that they've been flooding the civil courts in order to put the burden of proof on the defendant instead of on them. This makes it *much* easier for them to get away with their current blanket lawsuit operations.
By forcing them to use the criminal court system in order to get identifying information, it lays the burden of proof on *them*. This would force them to stop the blanket lawsuits and actually make sure they have actual supporting evidence and have done their homework (no more dead grandmas).
The law was never useless, they just twisted it to make it easier for them to squeeze money out of these people, which was never it's intent. By forcing this into criminal courts, the law will be on our side, not theirs.
Hope that explains it a bit better.
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|Yes, they can't abuse the law to force people to pay them anymore.
They'll have to stop to blindly firing at anything that moves.
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|Yes, they can't abuse the law to force people to pay them anymore.
...well
At least in the EU, and only if this recommendation takes off. But there's hope.
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|I gather that you actually meant "its", not "it's"
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|Why yes, I did. Thank you.
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|Great test case for the EU. BUT anyone that has lived and worked in Spain knows that Telefonica has a basic monopoly and their business practices are dubious at the least.
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|^_^
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|finaly good news!!!
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|"Telefonica argued that it should only have to disclose personal information for a criminal prosecution, not a civil action."
That's how it should be.
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|Ditto - what he said.
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