31 January 2008
A European Court of Justice (ECJ) ruling has given broadband providers a major boost in their ongoing conflict with the music industry over illegal file-sharing.
The court delivered its verdict this week in the case of Spanish broadband provider Telefonica and music association Promusicae - saying that broadband firms should not be obligated to hand over the names of users accessing file-sharing sites such as Kazaa and Soulseek.
Should the court's decision have gone the other way, record labels would have been empowered to launch proceedings against internet users in Spain, meaning that illegal downloaders could be heavily fined.
ECJ is the highest court in the EU - meaning that the verdict could have repercussions in the UK.
"The exceptions permitted by the [EU] directives on the protection of personal data include the measures necessary for the protection of the rights and freedoms of others," the court said in a statement.
However, the possibility of the downloaders facing some form of legal proceedings from record labels was left open by ECJ.
"[The verdict] does not…preclude the possibility for the member states 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," the verdict added.
Speaking to industry website ZDNet.co.uk, a spokesperson for the UK Internet Service Providers' Association said that the verdict "demonstrate[s] the appropriateness of self-regulation, rather than legislation" on the file-sharing issue.
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