The Federal Constitutional Court in Germany has ruled that the identities of file sharers must remain private and can no longer be revealed to media companies that are suing them over alleged copyright infringement. For now one, only people accused of “hard” crimes such as murder and kidnapping will have their identities revealed.
Germany is known to have some of the toughest copyright laws on the planet and some reports have indicated that over 200,000 German citizens have had their identities shared with entertainment and media companies, simply so they can be threatened with future legal action for unauthorized downloads.
Christian Solmecke, a defense lawyer, gave a more in depth look into the system before this latest ruling. “Based on the data provided by Logistep and other P2P tracking enterprises, an offense is reported. The public prosecution service is obliged to investigate because a copyright infringement is a criminal offense in Germany.” The ISP would then be forced to reveal the identity of the alleged file sharer.
The new ruling means the media companies can no longer force ISPs to reveal alleged file sharer’s identities. As was noted before, the only way to get an identity for now on will be if the file sharer is also involved in terrorism, murder, child pornography or kidnapping. I’m sure many file sharers in Germany feel a lot more safe now that this ruling has passed.
Result for: Downloads
Canada’s public television broadcaster CBC has announced that they will be releasing the upcoming TV show “Canada’s Next Great Prime Minister” for free via torrents. The move marks the first time a North American broadcaster will use the very popular filesharing protocol.
Although not completely confirmed, early reports show that the TV show will be published the day after the show airs on TV, DRM-free and in HD. Despite being the only North American broadcaster to have the idea, European broadcaster, especially the BBC are working on ways to distribute their content online via torrents. Torrent distribution would cut costs substantially.
Different studies have shown that approximately 50 percent of all BitTorrent downloads are TV-shows and that some hit shows such as “Heroes” can see up to 10 million downloads per new episode so it should become clear to broadcasters that torrents are a great way to get a show distributed. The only question is how to make it a profitable market.
Result for: Downloads
It appears that Sony BMG and Warner are close to signing a deal for the upcoming MySpace Music online store that would make their entire music catalogs available to the service.
The service is expected to offer individual pay-for MP3 downloads as well “as ad-subsidized free streams of music and videos.” MySpace Music online is also expected to have downloadable ringtones through Jamba.
The deal has a strange compensation format however. All labels that are part of the service will be paid “a share in the venture dictated by their existing marketshare outside of MySpace.” It is not clear whether sales success from the service will change the format of compensation however. Universal is expected to not make a deal for the time being because it has an ongoing copyright infringement lawsuit filed against the social networking site.
Sony, Warner and MySpace declined comment but the service is believed to be an attempt to dethrone the online market leader iTunes.
