EU’s Top Court: ‘ISPs Don’t Have to Name File-Sharers’

European Court of Justice ends dispute between a Spanish music copyright group and a Spanish ISP.

In a big blow to copyright groups’ attempts in fighting online piracy, the European Court of Justice ruled today that in civil cases member countries can refuse to provide the names of suspected illegal file-sharers.

The case is an important one because it reaffirms the fact that under EU laws ISPs are required to only give up the names of subscribers in criminal cases and 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.

The case is centered around a dispute between the Spanish music copyright holders association Promusicae and the Spanish ISP Telefonica.

Promusicae wanted Telefonica to disclose the names of individuals who illegally shared copyrighted music using the KaZaA P2P file-sharing program so that it could start civil cases against them.

“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.

Civil proceedings are cheaper than criminal proceedings which typically require a higher burden of proof.

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.

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.

According to a statement by the court:

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.

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.

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.

However, it does not compel the member states to lay down such an obligation.

Civil proceedings are apparently cheaper than criminal ones which usually require a much higher burden of proof by the plaintiffs and therefore will certainly make it tougher for copyright groups to go after suspected illegal file-sharers.

Qué bueno.

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