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*
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