Feeds

Germany nixes EMI suit against HanseNet

Cologne case stank, it seems

Choosing a cloud hosting partner with confidence

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. ®

Security for virtualized datacentres

More from The Register

next story
WHY did Sunday Mirror stoop to slurping selfies for smut sting?
Tabloid splashes, MP resigns - but there's a BIG copyright issue here
Spies, avert eyes! Tim Berners-Lee demands a UK digital bill of rights
Lobbies tetchy MPs 'to end indiscriminate online surveillance'
How the FLAC do I tell MP3s from lossless audio?
Can you hear the difference? Can anyone?
Google hits back at 'Dear Rupert' over search dominance claims
Choc Factory sniffs: 'We're not pirate-lovers - also, you publish The Sun'
While you queued for an iPhone 6, Apple's Cook sold shares worth $35m
Right before the stock took a 3.8% dive amid bent and broken mobe drama
Inequality increasing? BOLLOCKS! You heard me: 'Screw the 1%'
There's morality and then there's economics ...
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.