Court lets filesharers stay out of limelight

Internet service providers (ISPs) should not be obliged to reveal personal data of filesharers in civil cases concerning illegal downloads of music and films, according to a ruling by the European Court of Justice delivered on Tuesday (29 January).

The court ruling is expected to have far-reaching repercussions for the music and film industries, which have pushed for users’ details to be made available for civil, as well as criminal, cases.

The court backed Spanish telecom company and internet service provider Telefónica’s assertion that details should only be made available for criminal investigations. Spanish music industry association Promusicae had taken Telefonica to court after the latter refused to hand over the personal details of end-users sharing music on peer-to-peer network Kazaa.

Industry lobbies representing the music and film industry believe that sharing data between ISPs and rights- holders should be encouraged. The so-called Olivenne agreement between French ISPs and the media industry, established at the end of last year but yet to be implemented, is being hailed as an ideal model for co-operation.

The Olivenne agreement advocates a graduated approach to enforcing online rights, whereby individual infringers are given a warning, before being faced with suspension and eventually termination of their account.

Frances Moore, executive vice-president of the International Federation of the Phonographic Industry, said: "A lot can be achieved through co-operation with ISPs. We believe the way forward is a system of warnings, suspension and termination."

The Motion Picture Association (MPA) is also in favour of the approach. Christopher Marcich, managing director of MPA-Europe, said: "Our interest is in being able to take appropriate enforcement action against operators who facilitate illegal activities, and not individuals."

Internet service providers (ISPs) should not be obliged to reveal personal data of filesharers in civil cases concerning illegal downloads of music and films, according to a ruling by the European Court of Justice delivered on Tuesday (29 January).