p2pnet.net News:- An unnamed “performing rights society” in Austria has succeeded in getting a court to rule that information about an ISP customer said to have shared music online must be revealed, lining the person up for a jail sentence.

In so doing, Vienna’s Council Chamber of the first-instance district criminal court reversed a ruling in December, 2004, that a dynamic IP address isn’t master data (unlike names, addresses, etc.), says Heise Online, going on:

“Hence, the court argued, the identity of the accused could only be determined by tracing the call data, which is admissible according to Section 149a of the Austrian Code of Criminal Procedure (StPO) only if crimes with penalties exceeding one year in prison were committed intentionally.

“However, the plaintiff [ argued that Section 91 paragraph 1 of the Copyright Act has been violated, which has a maximum sentence of six months in prison.”

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See:-
Heise Online – Austrian provider has to divulge user data after all, April 28, 2005

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