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A Good Day for EU File Sharers

Telecoms don't have to turn over personal data of illegal download suspects: court

By Nick McMaster,  Newser Staff

Posted Jan 29, 2008 2:46 PM CST

(Newser) – The EU’s high court ruled today that telecommunications companies are not obligated to turn over the personal data of individuals suspected of illegally sharing copyrighted material online, the AP reports. The European Court of Justice said member nations could create laws allowing for the disclosure of file-sharers’ info in civil suits, but said such provisions would have to strike a balance between privacy and property rights.

The case had come to the EU after Spanish Telefonica, faced with a request for sharer data from a music industry group, said that the law required them to provide such data only for criminal prosecutions and matters of national security. The ruling should help standardize policy, as member nations have taken wildly different legal stances on sharing in the past year.

This combination picture shows four screengrabs of popular file sharing services WinMX, iMesh, Blubster and KaZaa. The EU's highest court ruled today that telecoms were not obligated to give up the personal data of illegal file-sharers.
This combination picture shows four screengrabs of popular file sharing services WinMX, iMesh, Blubster and KaZaa. The EU's highest court ruled today that telecoms were not obligated to give up the personal...   (Getty Images)
Advertisement for the Apple iPod Nano on display at an Apple store in Palo Alto, Calif., in this Oct. 19, 2007, file photo. The EU's highest court ruled today that telecoms were not obligated to give up the personal data of illegal file-sharers. (AP Photo/Paul Sakuma, file)
Advertisement for the Apple iPod Nano on display at an Apple store in Palo Alto, Calif., in this Oct. 19, 2007, file photo. The EU's highest court ruled today that telecoms were not obligated to give...   (Associated Press)
A man is silhouetted as he leaves an EMI Record company building in London, 12 January 2007. EMI, the struggling British music company, said Monday 02 April 2007 in London that it was abandoning its global copyright restrictions on digital music. EMI said it was launching new premium downloads for...
A man is silhouetted as he leaves an EMI Record company building in London, 12 January 2007. EMI, the struggling British music company, said Monday 02 April 2007 in London that it was abandoning its global...   (Getty Images)
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