Dutch ISP Gives Up, Hands Over Names Of Suspected File Sharer

from the did-they-satisfy-the-conditions? dept

Over in the Netherlands, there's been an ongoing legal battle over whether or not ISPs are required to hand over the names of suspected file sharers. Last year, the courts determined that it was a violation of local privacy laws to hand over the names. However, a recent case set specific terms on when it could be okay to hand over the names: the copyright holders (in this case the entertainment industry) need to prove beyond a reasonable doubt that illegal file sharing took place and that the person who is named on the account associated with the IP address was likely the person doing the file sharing. In this particular case, the entertainment industry group (funded, in part, by both the RIAA and MPAA) has seized a server that was used for file sharing, and claimed they could show the specific user, including an email address associated with that user. With that much evidence, the ISP has decided it's not worth fighting and has handed over the name. So, at least that explains how the industry was able to prove those two points -- though, some might argue that the user's email still might not be connected to the owner of the account whose IP address was being used.


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    identicon
    Yo ho ho..., Aug 31st, 2006 @ 6:20pm

    Hmmm....

    I'm not sure what is worse:

    The precedent set by the ISP in handing over ther name

    - or -

    The general stupidity of the person in giving out their real/primary email address when file-sharing

    Either way, at least it is not a case that is easily replicable for future RIAA cases -- unlesses everyone who shares files now acts like a dumbass too...

    Of course, the last tidbit is the biggest point -- an email address doesn't prove that the individual associated with that account is the one who actually performed the act.

     

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    novernetsbandit, Aug 31st, 2006 @ 11:42pm

    agree

    i would agree with the first post
    i dont have anything to add at this point

    except why are people downloading in mass on there on ip and email addy havent you heard of a coffee shop or the local hotel parking lot=-)

     

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    identicon
    LogicalConclusions?, Sep 1st, 2006 @ 12:29am

    umm

    nothing worthwhile to add... just wanted to ask what dumb ass uses an e-mail account associated with their name to do something illegal?

     

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    identicon
    Tinus, Sep 1st, 2006 @ 1:28am

    Wow. It only took 2 comments to come up with a coffeeshop reference.. novernetsbandit is probably just another fat american.

     

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    identicon
    Maarten, Sep 1st, 2006 @ 1:52am

    stereotyping

    And it took only 4 comments for someone to come up with the fat American stereotype...and yes, I am Dutch myself, and no, I do not smoke pot (or use any other drug for that matter).

     

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    identicon
    Anonymous Coward, Sep 1st, 2006 @ 2:31am

    coffeeShop != fatAmerican

     

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    identicon
    Anonymous Coward, Sep 1st, 2006 @ 2:33am

    Re: Tinus

    and on closer examination... Tinus, you're a complete moron... the coffee shop reference was about the wifi access that most coffee shops (actual coffee shops, you know... the ones that sell coffee) have... what a douche

     

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    identicon
    Maarten, Sep 1st, 2006 @ 2:38am

    Agreed. I think the premiss about stereotyping was more like "coffeshops are to Holland as fat Americans are to America" (sorry, I'm not sure how to express this in logical symbols, but I hope you get the meaning), i.e. both are stereotypes that are getting really old, really fast.
    Both are very offtopic as well :P

     

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    identicon
    rbb, Sep 1st, 2006 @ 5:22am

    What did you expect

    No surprise there for a country that ratted out Anne Franke...

     

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    identicon
    Louis, Sep 1st, 2006 @ 6:17am

    What did you expect

    Anne Franke hey?

    Well if we´re talking about war crimes here why don´t we just bring up Hiroshima and Nagasaki then?

     

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    identicon
    supermuse, Sep 1st, 2006 @ 7:10am

    a bridge over troubled waters

    can't we all just not get along in silence? ssssshhhhh.....

     

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    w1nX, Sep 1st, 2006 @ 7:44am

    Way off topic...

    Geez... how lame. You'd think in this day and age people would ignore the ghosts in each country's closet. I'm sure everyone could come up with some negative comment about someone else's country somewhere in history.

    So much for the idea of a global community.

     

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      identicon
      Monarch, Sep 1st, 2006 @ 8:29am

      Re: Way off topic...

      WTF w/ Global Community?
      In the U.S. People in different states and regions rip on each other. Like Hillbillies in the South, and so on and so forth.

       

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    identicon
    Charon, Sep 1st, 2006 @ 8:55am

    Wow...

    Only thirteen posts and you people are miles away from the original topic...

     

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    identicon
    Anonymous Coward, Sep 1st, 2006 @ 10:36am

    dont they have to prove it was that person sitting at the terminal and did the actual downloading?

     

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