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January 30, 2008

European Cases On Copyright and the Internet

Two cases of interest come out of Europe.  The first comes from the European Court of Justice in the case of Promusicae v. Telefónica de España.  The music association brought suit against the ISP to determine the identity of P2P users who traded music files using KaZaA.  The outcome was that the information was private and could only be disclosed in criminal cases rather than in the underlying civil case.

The second involves the file sharing host RapidShare.  The Düsseldorf Regional Court ruled against the company in a copyright suit by GEMA saying that RapidShare can face penalties for the content its users upload to the service.  Many music and adult content blogs use RapidShare as a host for movies and music files.  Filtering will be a nightmare for RapidShare.  Germany, it seems, doesn't have the same (hated by content owners) safe harbor provisions in their laws as does the United States.  Once the Viacom case is decided we'll actually see how safe that harbor really is.

January 30, 2008 | Permalink


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