The German indie distributor Tonpool filed a case against a German ISP to release the name and information about a filesharer who illegally distributed the song "Bitte Hör Nicht Auf Su Träumen" by Zavier Naidoo (above).
MUNICH - Germany's highest court has rendered a verdict which could help facilitate anti-piracy efforts of the German music industry. The country's Federal Court of Justice ruled that internet service providers (ISPS) must disclose the name and address of illegal filesharers as determined by Germany's legislative branch when requested by copyright owners.
Up until now, this was only applicable in cases of "commercial extent" or when shared for profit. The opinion of the court now states that the unlawful distribution of copyrighted material alone is sufficient enough copyright owners to have access to identifying information. Otherwise, copyright holders would be left "virtually defenseless," according to the court.
The judges ruled in favor of German indie distributor Tonpool that had filed a lawsuit concerning the song "Bitte hör nicht auf zu träumen" by Xavier Naidoo, which was downloaded via a filesharing site in 2011. The right holders had unsuccessfully asked ISP Deutsche Telekom for the name and address of the owner of the IP address from which the song was downloaded.
The court's decision had already been made in April, but was announced only on August 10.
The German IFPI branch said in a statement that the verdict "puts an end to an unacceptable impairment of the rights of artists."