ECJ Advocate-General Rules On Disclosure Of File Sharers' Identities

by Ulrika Lomas, for LawAndTax-News.com

24 July 2007

European Court of Justice Advocate General, Juliane Kokott last week stated that ISPs should not be forced to provide identifying information on suspected illegal file-sharers in civil cases.

Delivering an opinion on a case brought by Spanish music industry association, Promusicae against telcoms firm and internet service provider, Telefonica, Ms Kokott argued that although the provision of such details is mandatory in criminal cases, ISPs are not otherwise required by EU law to provide such information.

Promusicae brought the case in Spain against Telefonica after the firm declined to provide it with the necessary details to take legal action against alleged file sharers. The Spanish court referred the matter upwards, to the ECJ.

Although the European Court of Justice is not obliged to follow the opinions of its Advocates General, it does so in the vast majority of cases.

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