Online Media - Publish.com
Publish.com Ziff-Davis Enterprise  
SEARCH · ONLINE MEDIA · MOBILE · WEB DESIGN · GRAPHICS TOOLS · PRINTING · PHOTO · TIPS · OPINIONS
Home arrow Online Media arrow EU Court Rules to Protect Accused Copyright Violators
EU Court Rules to Protect Accused Copyright Violators
By Reuters

Rate This Article:
Add This Article To:
EU countries don't have to release the names of those accused of illegal file-sharing in civil suits, EU top court rules.

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.

Copyright Reuters 2008. All rights reserved. Users may download and print extracts of content from this website for their own personal and non-commercial use only. Republication or redistribution of Reuters content, including by framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters and the Reuters sphere logo are registered trademarks or trademarks of the Reuters group of companies around the world.


 




Discuss EU Court Rules to Protect Accused Copyright Violators
 
>>> Be the FIRST to comment on this article!
 

 
 
>>> More Online Media Articles          >>> More By Reuters
 


Buyer's Guide
Explore hundreds of products in our Publish.com Buyer's Guide.
Web design
Content management
Graphics Software
Streaming Media
Video
Digital photography
Stock photography
Web development
View all >

ADVERTISEMENT


FREE ZIFF DAVIS ENTERPRISE ESEMINARS AT ESEMINARSLIVE.COM
  • Dec 10, 4 p.m. ET
    Eliminate the Drawbacks of Traditional Backup/Replication for Linux
    with Michael Krieger. Sponsored by InMage
  • Dec 11, 1 p.m. ET
    Data Modeling and Metadata Management with PowerDesigner
    with Joel Shore. Sponsored by Sybase
  • Dec 12, 12 p.m. ET
    Closing the IT Business Gap: Monitoring the End-User Experience
    with Michael Krieger. Sponsored by Compuware
  • Dec 12, 2 p.m. ET
    Enabling IT Consolidation
    with Michael Krieger. Sponsored by Riverbed & VMWare
  • VTS
    Join us on Dec. 19 for Discovering Value in Stored Data & Reducing Business Risk. Join this interactive day-long event to learn how your enterprise can cost-effectively manage stored data while keeping it secure, compliant and accessible. Disorganized storage can prevent your enterprise from extracting the maximum value from information assets. Learn how to organize enterprise data so vital information assets can help your business thrive. Explore policies, strategies and tactics from creation through deletion. Attend live or on-demand with complimentary registration!
    FEATURED CONTENT
    IT LINK DISCUSSION - MIGRATION
    A Windows Vista® migration introduces new and unique challenges to any IT organization. It's important to understand early on whether your systems, hardware, applications and end users are ready for the transition.
    Join the discussion today!



    .NAME Charging For Whois
    Whois has always been a free service, but the .NAME registry is trying to change that.
    Read More >>

    Sponsored by Ziff Davis Enterprise Group

    NEW FROM ZIFF DAVIS ENTERPRISE


    Delivering the latest technology news & reviews straight to your handheld device

    Now you can get the latest technology news & reviews from the trusted editors of eWEEK.com on your handheld device
    mobile.eWEEK.com

     


    RSS 2.0 Feed


    internet
    rss graphic Publish.com
    rss graphic Google Watch

    Video Interviews


    streaming video
    Designing Apps for Usability
    DevSource interviews usability pundit Dr. Jakob Nielsen on everything from the proper attitude for programmers to the importance of prototyping in design to the reasons why PDF, Flash and local search engines can hurt more than they help.
    ADVERTISEMENT