The Brussels-based Court of Justice ruled that even where an IP address was suspected of illegally downloading copyrighted material, record labels and film companies could not demand that the telecommunications carriers’ hand over details of that users’ name and address.
But it said EU member states could, if they felt it necessary, introduce laws that would oblige telco’s to hand over personal information in civil cases.
The decision relates to case involving the Spanish communications giant Telefonica.
An anti-piracy group called Promusicae had applied through the Spanish courts for an order that Telefonica hand over the identities and physical address of customers whose IP address and date and time of connection were known.
According to Promusicae, those persons were using the KaZaA file exchange program and providing access in shared files of personal computers to content that belonged to its industry members.
Telefonica had argued that under Spanish law, it was only allowed to share personal data in cases involving criminal prosecution or matters of public safety or security.
The Court points out that the present reference for a preliminary ruling raises the question of the need to reconcile the requirements of the protection of different fundamental rights, namely the right to respect for private life on the one hand and the rights to protection of property and to an effective remedy on the other.
The International Federation of the Phonographic Industry, an anti-priacry group, said the recording industry would continue its enforcement campaign against internet piracy, despite the ruling. It applauded the courts ruling that member states could still compel telcos to hand over personal data.
“Copyright theft on the internet is the single biggest obstacle to the growth of the music business today, IFPI chairman and chief executive John Kennedy said in a statement.
“The European Court has confirmed the need to have effective tools to tackle piracy. The judgment means that music rights owners can still take actions to enforce their civil rights, and it has sent out a clear signal that Member States have to get the right balance between privacy and enforcement of intellectual property rights and that intellectual property rights can neither be ignored nor neglected.”
For more Digital Content news, click here.
For more e-Government news, click here.
