Feeds

Germany nixes EMI suit against HanseNet

Cologne case stank, it seems

The essential guide to IT transformation

A Cologne court has dealt yet-another setback to the music industry’s international strategy to force ISPs to police its copyrights.

The case was brought by EMI against German ISP HanseNet, whose customer had been using eDonkey to download unauthorised copies of music from a Russian-hosted file-sharing site. The customer accused by EMI, along with his/her IP address and other details are redacted in the court’s decision (Google translation).

In an argument which parallels the infamous “iiTrial” in Australia (now the subject of an appeal to Australia’s top-dog, the High Court), EMI in Germany argued that since HanseNet’s network was used by customers to access the Russian service, the ISP contributed to the copyright violations.

As is usual in such cases, EMI wanted the customer’s access to the Russian site blocked, and argued that failure to do so made the ISP party to the suit; as is becoming common in such cases, the court did not agree, noting (in translation) that “the defendant is not committed to such precautionary measures”.

Implementing measures to block customer access to specific sites, the Cologne District Court 28th Civil Division found, would mean that ISPs would have to control data communications of their customers, something without any legal basis.

TorrentFreak quotes Christian Solmecke of law firm Wilde Beuger Solmecke as endorsing the decision, saying “the defendant is not allowed to track the traffic of its users.

“The judge said that looking into the traffic stream would be an infringement of German communication law,” and that “blocking a domain is ineffective and therefore useless.”

So it seems that yet another case-law domino – the industry’s hope being that a string of wins around the world will gather its own momentum – has failed to topple. ®

Gartner critical capabilities for enterprise endpoint backup

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
Mozilla's 'Tiles' ads debut in new Firefox nightlies
You can try turning them off and on again
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Banking apps: Handy, can grab all your money... and RIDDLED with coding flaws
Yep, that one place you'd hoped you wouldn't find 'em
TROLL SLAYER Google grabs $1.3 MEEELLION in patent counter-suit
Chocolate Factory hits back at firm for suing customers
Primetime precrime? Minority Report TV series 'being developed'
I have to know. I have to find out what happened to my life
Netflix swallows yet another bitter pill, inks peering deal with TWC
Net neutrality crusader once again pays up for priority access
Ex-IBM CEO John Akers dies at 79
An era disrupted by the advent of the PC
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.