Dutch Court Rules ISPs Need Not Disclose File Swapper IDs
English Version of Earlier July 12, 2005 District Court of Utrecht Decision
The Dutch appeals court upheld an earlier District Court of Utrecht Ruling that the method used by the MediaSentry software used to collect IP addresses of alleged Dutch P2P file shares had no lawful basis under European privacy laws. The software scans shared folders on the suspect's hard drive. The Dutch anti-piracy organization, Brein, had requested that 5 Dutch ISPs disclose the name and address of the users of IP addresses identified by the MediaSentry. As is the case with RIAA-initiated lawsuits in the United States, Brein would have used that information to bring copyright infringement actions against the alleged file sharers.
Dale's Comment: If anyone has access to an English copy of the Appeals Court decision, please send a copy to me and I will post it here.
- RIAA Wants U.S. ISPs to Offer Discounted Settlements to Alleged P2P Users (February 14, 2007)
- Lawyer who Fights the RIAA Speaks Out (July 21, 2006)
- Dutch Court Rules ISPs Need Not Disclose File Swapper IDs (July 17, 2006)
- British ISP, Tiscali, Refuses BPI Request to Disconnect 17 Users (July 12, 2006)
- How the RIAA Litigation Process Works (April 5, 2006)
- Canadian Federal Court of Appeal Reaches a Stalemate as to Whether and How Discovery of P2P Users' Identity can be compelled (May 19, 2005)
- Canadian Federal Court Rejects CRIA Motion to Disclose IP Addresses of P2P Users (March 31, 2004)