Logistep law-breaking anti-file-share maneuver
p2pnet news | P2P:- Is an IP address personal information, or isn’t it?
The answer is liable to have wide-ranging ramifications in Switzerland.
On its site, “Through our protected technology it is possible to identify files/ databases and their owners, respectively individual File Traders who seed File-Sharing networks with copyrighted material, in an absolutely clear and reliable manner,” says Logistep AG.
“Our patented ‘LS-Technology’ software system enables us to protect products like Computer Games, Music, Movies and Software in an effective and focused manner,” it states. “Through our protected technology it is possible to identify files/ databases and their owners, respectively individual File Traders who seed File-Sharing networks with copyrighted material, in an absolutely clear and reliable manner.”
It also promises :
The findings satisfy all official argumentation requirements.
No if’s, but’s or maybe’s.
But now it’s in trouble with Swiss authorities for allegedly violating the country’s telecommunication law.
Under Swiss law, explains the IDG News Service, the identity of a subscriber to an ISP can only be revealed in a criminal, not civil, case, says Federal Data Protection and Information Commissioner (FDPIC) legal advisor Marc Schaefer.
To try to claim damages, Logistep gets Swiss prosecutors to open criminal cases and through it, eventually receives information which identifies the file sharer, Schaefer said, states the story.
Logistep then “initiates a civil case” while the criminal case continues.
Prosecutors usually drop the criminal case against the person, Schaefer said, according to IDG
By starting a criminal case “to obtain the identity behind an IP address … they just found a way to avoid the telecommunication law,” Schaefer said. “Therefore, we told Logistep to stop their work until there is a legal basis which allows such an identification.”
The FDPIC is, “prepared to take the matter to court,” Schaefer said, story goes on.
“Logistep would be in the clear if they pursued a civil case after the criminal one is complete, he said.”
The company has, “issued a statement contending an IP address is not personal information,” it adds.
Also See:
IDG News Service – Antipiracy group’s tactics violate Swiss law, January 25, 2008
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January 26th, 2008 at 1:53 pm
“File Traders who seed File-Sharing networks with copyrighted material, in an absolutely clear and reliable manner”
Ya! Right! my butt! What a pack of lyers!
January 26th, 2008 at 1:57 pm
“IP address is not personal information”
if this is the case how can they claim that an IP address identify an individu during the civil law suit then?
January 26th, 2008 at 7:00 pm
Finally, a country with laws that are actually designed to protect its citizen’s online privacy rights.