Volume III

Issue : 1: January 13, 2005

• Appeals Court Finds Rule-Based Works are not Original for U.S. Copyright Law
• European Commission Approves New Set of Standard Contractual Clauses for the Transfer of Personal Data
• Appeals Court Upholds Decision Barring Regulation of VoIP
• RIAA v. Verizon Revisited: German Court Rules ISP's not Required to Disclose File-Swapper Info
• U.S. Federal Court of Appeals Rules DMCA Does Not Allow Subpoenaing of ISP Subscriber Information
• Utah Anti Spam Law Doesnt Prohibit Pop up Advertisements
• Appeals Court Finds Rule-Based Works are not "Original" for U.S. Copyright Law

Home > Volume III > Issue 1: January 13, 2005 > RIAA v. Verizon Revisited: German Court Rules ISP's not Required to Disclose File-Swapper Info

RIAA v. Verizon Revisited: German Court Rules ISP's not Required to Disclose File-Swapper Info

The Higher Regional Court of Munich ruled in November that Internet service providers are not required to disclose to copyright owners personal information of users suspected of illegally swapping files, including music. This appellate court ruled that the Regional Court of Munich had erred by granting the record company BMG an injunction against the defendant ISP to compel it to disclose information regarding the number of tracks and albums of individual artists downloaded from a specified server.

Universal Music has a similar case currently pending in Hamburg, as does EMI in Cologne.

This decision is consistent with the United States Court of Appeals for the District of Columbia decision in Recording Industry Association of America v. Verizon Internet Services, Inc., which the Supreme Court declined to review, that held that the music industry could not compel ISPs to disclose the identity and other personal details of users illegally swapping music and movies online.

For additional information, visit:
http://www.heise.de/english/newsticker/news/54509