BRUSSELS (Reuters) - European Union countries can refuse to disclose
names of file sharers on the Internet in civil cases, the EU's top
court said on Tuesday in a blow to copyright holders trying to fight
digital piracy.
The European Court of Justice ruled on a dispute between Spanish
music rights holders association Promusicae and Spain's top telecoms
operator Telefonica.
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.
"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," the
court said in a statement.
Promusicae wanted names of Telefonica Internet clients who shared
copyright material on the Web using the KaZaA file exchange software,
so it could start civil proceedings against them.
Civil proceedings are cheaper than criminal proceedings which typically require a higher burden of proof.
"There are several community directives whose purpose is that the
member states should ensure, especially in the information society,
effective protection of industrial property, in particular copyright,"
the court said.
"Such protection cannot, however, 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.
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.
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