ISP Protects File-Swappers’ Identities

Spanish Internet provider Telefonica refused to reveal the names of alleged copyright infringers on its network – and won in court.

While Internet service providers consider it the status quo to reveal subscriber names in cases of alleged copyright violations on their networks, an ISP in Spain has proven that it doesn’t have to be – at least in Europe. The Spanish Internet provider Telefonica recently refused to cooperate with an anti-piracy group, and had its right to do so upheld in court.

The case began with Promusicae,  a group of music producers attempting to track down file-sharers on Telefonica’s network. When they approached Telefonica to retrieve subscriber names, the companied refused to turn them over, and the disagreement ended up in the European Court of Justice before Advocate General Julianne Kokott. She ruled that because the Promusicae’s case was civil and not criminal, Telefonica had no legal obligation to turn over records.

Internet service providers play a crucial link in the cases built by copyright advocates against file-sharers. Without using ISP logs to match IP addresses to subscriber names, all would-be prosecuters are left with is a list of meaningless numbers. Although one judge’s decision carries no formal legal weight, it does set precedent for other judges. If Julianne Kokott’s verdict catches on, many anti-piracy groups could be left dead in the water without so much as a warm body to file suit against.