Swiss Officials Tell Anti-Piracy Company Its Tactics Are Illegal
Date : 01 29 2008 Category : Business
Techdirt
There have been some claims that the recording industry's investigative techniques may be illegal. While court cases alleging these techniques are illegal are still pending in the US, in Europe there seems to be a lot more support for the idea. In the Netherlands, for example, a court ruled that having ISPs hand over IP addresses to the recording industry would be a violation of privacy laws. Given last week's discussion on whether or not IP addresses should be considered private, this seems relevant.
However, over in Switzerland, the story is even more complicated, as Swiss officials have specifically told an "anti-piracy" company to stop some of its tactics. Specifically, in order to get around laws that say you can only obtain IP addresses from ISPs in a criminal, rather than civil lawsuit, the company gets Swiss officials to file criminal charges, gets the IP address, files a civil suit with it, and then drops the criminal case. Whether or not you think getting IP addresses is a violation of privacy, it seems clear that this company has gone well beyond the spirit of the law in getting them and using them in civil suits.
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However, over in Switzerland, the story is even more complicated, as Swiss officials have specifically told an "anti-piracy" company to stop some of its tactics. Specifically, in order to get around laws that say you can only obtain IP addresses from ISPs in a criminal, rather than civil lawsuit, the company gets Swiss officials to file criminal charges, gets the IP address, files a civil suit with it, and then drops the criminal case. Whether or not you think getting IP addresses is a violation of privacy, it seems clear that this company has gone well beyond the spirit of the law in getting them and using them in civil suits.
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