[pp.int.general] Promusicae vs Telefonica: privacy is notcompromised, but neither secured

[Rick Falkvinge (Piratpartiet)]

Yes.
 
This was a huge victory and has been all over the Swedish mainstream news
all day. We got quotes into 38 different newspapers.
 
Rick


  _____  

From: pp.international.general-bounces at lists.pirateweb.net
[mailto:pp.international.general-bounces at lists.pirateweb.net] On Behalf Of
Carlos Ayala
Sent: Tuesday, January 29, 2008 21:20
To: pp.international.general at lists.pirateweb.net;
partidopirata at partidopirata.es
Subject: [pp.int.general] Promusicae vs Telefonica: privacy is
notcompromised, but neither secured


Hello:

Rick told me on last saturday that the EU Justice Court was about to release
a judgment on a privacy vs IP Spanish case. In that case, Promusicae -an
Spanish Rights Management Organisation (from here, RMO)- requested
Telefonica -an ISP- through Spanish civil courts of justice to provide
personal data from their customers in order to allow Promusicae to
investigate whether Spanish IP Law had been violated.
<http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&num
aff=C-275/06> Here is the judgment's full version in English.

In the judgment, EU Justice Court states that despite european directives on
personal data protection, IP and others do not forbid State members to force
ISPs to provide RMOs with their customer's personal data, neither force
State members to force ISPs; then, if Spanish Information Society and
Personal Data laws don't force ISPs to provide RMOs with their customer's
personal data, it won't happen ... yet. But, what about the future? The EUJC
judgment states:

"the answer to the national court’s question must be that Directives
2000/31, 2001/29, 2004/48 and 2002/58 do not require the Member States to
lay down, in a situation such as that in the main proceedings, an obligation
to communicate personal data in order to ensure effective protection of
copyright in the context of civil proceedings. However, Community law
requires that, when transposing those directives, the Member States take
care to rely on an interpretation of them which allows a fair balance to be
struck between the various fundamental rights protected by the Community
legal order. Further, when implementing the measures transposing those
directives, the authorities and courts of the Member States must not only
interpret their national law in a manner consistent with those directives
but also make sure that they do not rely on an interpretation of them which
would be in conflict with those fundamental rights or with the other general
principles of Community law, such as the principle of proportionality"

So though privacy is not compromised in Spain -yet-, it's neither secured,
as it will depend on each Member state -Spain, Sweden, Poland, Germany,
France, Netherlands, Denmark, Austria, etc- MPs' mood -i.e. ability to stand
against RMOs pressure- and, finally, each Member state's Constitution. We
should go and check our national constitutions to be sure that they don't
allow privacy to be eroded in the name of IP, otherwise sooner or later our
national MPs -Piratpartiet will try to attack privacy for the good of RMOs
and entertainment industry; here in Spain we'll try to rely on the
<http://en.wikisource.org/wiki/Spanish_Constitution_of_1978/Part_I#Division_
1._Fundamental_Rights_and_Public_Freedoms> 18th article of Spanish
Constitution -and also on Constitutional Court's case law- to be sure that
we remain protected against this kind of attacks against privacy ...

... though Spanish Constitution also theoretically protects freedom of
speech, and look what our MPs have done to erode it through LISI law.
Regards


 
Carlos Ayala
 
(Aiarakoa)

                                                         Partido Pirata
National Board's Chairman


  _____  


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