Monday, December 18, 2006

Appeals Court Decision in Netherlands case, Foundation v. UPC Nederland

We have now obtained a copy of an English translation of the appeals court decision in Foundation v. UPC Nederland, agreeing with the lower court that the MediaSentry investigation by Tom Mizzone was insufficiently reliable to form a basis for directing ISP's to turn over confidential customer information.

The court held:

neither the affidavits nor the cross-examination of Mr. Millin pro[...]vide clear and comprehensive evidence as to how the pseudonyms of the KaAaA or iMesh users were linked to the IP addresses identified by MediaSentry. No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service.
July 13, 2006, Decision of Amsterdam Court of Appeal*

* Document published online at Internet Law & Regulation

Commentary & discussion:

p2p Forums

Keywords: digital copyright online download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

No comments: