by A swedish kind of death
Tue Jan 29th, 2008 at 09:40:54 AM EST
The actors: Promusicae is a trade group representing the Spanish recording industry.
Telefónica is a huge telecommunication company that among other things serve as an internet service provider to persons in Spain.
According to Promusicae, those persons were using the KaZaA file exchange program (peer-to-peer or P2P) and providing access in shared files of personal computers to phonograms in which members of Promusicae held the exploitation rights.
It [Promusicae] therefore sought disclosure of the above information in order to be able to bring civil proceedings against the persons concerned.
Telefónica argued that, under Spanish law, the communication of the data sought by Promusicae was authorised only in a criminal investigation or for the purpose of safeguarding public security and national defence.
The Spanish court asks the Court of Justice of the European Communities whether Community law requires the Member States to lay down, in order to ensure effective protection of copyright, an obligation to communicate personal data in the context of civil proceedings.
As to the directives on intellectual property, the Court of Justice finds that they too do not require the Member States to lay down, in order to ensure effective protection of copyright, an obligation to communicate personal data in the context of civil proceedings.
All quotes come from The courts ruling
This means that the directive does not demand of the Member states to let private corporations monitor your communications. And if your government says it does, then they are bought by the Media And Film Industry Associations of America. Also, they are liars, but you might have known that already.