News Trademarks, Domain Names, Copyright 2007

File Sharing, Copyright and Privacy - Peppermint Case

The Swiss Authority for the protection or privacy has ruled on the question of so-called file sharing and on actions taken against users of peer to peer networks, warning that copyright owners should not use tools which are liable to violate the private sphere of internet users.

The Swiss Authority has emphasized that in the context of the battle against piracy, the use of programmes, by private entities such as right holders, which enables the identification of copyright infringements committed on the internet (a sort of internet monitoring) cannot be held to conform with privacy principles insofar as it equates to the exercise of permanent surveillance of the internet and of P2P networks. This is regardless of the probative value of the traces of information revealed by the programme and of the proportionality of the measure, in that such investigations should be carried out by the judicial authorities (or by the Police) and not by private entities.

The Italian Authority for the protection or privacy has also launched an investigation into the issue and in recent months the Court of Rome handed down judgement on the matter.

For more information http://www.altalex.com/index.php?idnot=2541

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