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German Court Decision Hands Big Win to File-Sharers

torrentfreak.com — The Federal Constitutional Court in Germany has ruled that the identities of file-sharers must remain private and can longer be revealed to media companies who accuse them of copyright infringement. In future, only those accused of ‘heavy’ crimes such as murder, child pornography or kidnapping will be revealed.

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  • jax1492, on 03/21/2008, -0/+90I think the American legal system could learn something from the German legal system.
    • aliengoods, on 03/21/2008, -0/+17In America the ignorance of the populace is purchased by corporations and taught through the main stream media.

      You can either accept it or fight it, and sadly the spirit of revolution left us long ago.
    • Zephkiel, on 03/21/2008, -2/+25For example, Scientology is a business in Germany.
    • mrsteveman1, on 03/21/2008, -1/+11Let's clarify that, the German COURTS have been pretty good lately, but the legislature has been repeatedly passing ridiculous laws that get struck down by the court for being retarded. One recent law attempted to make computer "hacking" tools illegal even if used for security testing or network management.
  • GreenChaos, on 03/21/2008, -3/+49Even though I live in America, I'm proud to be half German right now.
    • knetworx, on 03/21/2008, -4/+5Born and raised in America, but all my roots (on both sides of my family) trace back to Germany. Hell yeah!
    • Hurricane, on 03/21/2008, -1/+1Yep, the bits of German DNA in my melting pot of chromosomes is singing right now...
    • karolisonline, on 03/21/2008, -1/+1yes, and my DNA overthrowed yours DNA 600 years ago.. remember 1410? bastards
  • jakash, on 03/21/2008, -1/+34They'll never stop file sharing - its like trying to stop evolution (if you're with me)
  • LongShlong, on 03/21/2008, -4/+19Germany FTW.
  • borez, on 03/21/2008, -2/+38Surely it's no longer a crime when everybody is doing it.

    The entertainment industry has been ripping people off for years, I'd say it's more karma.
    • NJank, on 03/21/2008, -4/+12yes, it still is. It's like speeding. Go ahead and do it. But please stop bitching when you get caught.
      • borez, on 03/21/2008, -0/+9Downloading never killed anyone ( not that I'm aware of anyway )
        • LordVance, on 03/21/2008, -0/+11You still on dial up? High speed downloading is dangerous and reckless, I don't care how fast you want your latest episode of American Idol - what are you going to do when those packets hit a child? Broadband is simply irresponsible, havn't you seen the Comcast commercial with the mice?
          • borez, on 03/21/2008, -1/+5I blame those damn ACK responses not looking where they're going
  • MillionsLivio, on 03/21/2008, -23/+10Sieg heil for us pirates!
    • muzfuz, on 03/21/2008, -4/+12God bless stereotyping.

      As a german, I can't believe this comment has been dugg up.
      • feliks2, on 03/21/2008, -2/+6Maybe if you translate it people won't just be digging it up because they think "hey, this guy knows german!"
    • MillionsLivio, on 03/21/2008, -4/+8I was just making a joke in good humor, sieg heil translates to "hail victory", thus it was to be read as "hail victory for us pirates". Honestly if you can't take a light joke like this political correctness has consumed you. I'm half German myself, my grandfather was in WWII, get over yourself.
  • cw1242, on 03/21/2008, -2/+5That's all good and well but for the people in America, the majority of digg readers, we still are susceptible to legal actions.
    • Southern100, on 03/21/2008, -0/+0I suspect there will be a sharp increase of the amount of "seedboxes" in use in Germany at this point. That would effectively make you pretty much untrackable, as you could then use the seedbox to do your torrenting, then download the completed torrents to your PC via an encrypted VPN connection with the seedbox.
  • mogebier, on 03/21/2008, -0/+19Arrrrrrrrrrrrrrr, That's 1 for The Fatherland... 0 For the rest of the world!
    • STKD, on 03/21/2008, -4/+5I believe that score is actually 2-1 to the rest of the world right now. Since most of us aren't speaking German.
  • nico623, on 03/21/2008, -3/+7Down with the RIAA, Up with miniskirrrrpiracy !
  • studdenfadden, on 03/21/2008, -1/+10This is a great day to live in Dusseldorf! Hopefully the American courts will take the same stance soon.
    • banmaster, on 03/21/2008, -0/+4Unfortunately you'd better not hold your breath.
  • ZeroSumDivide, on 03/21/2008, -3/+33Deutschland für den Sieg!
    • digjam, on 03/21/2008, -0/+6I dont know what you said..but sounds fantastic...! DUGG!
      • Syzothermy, on 03/21/2008, -2/+5"Germany for the victory"

        It's like saying FTW in german. xD dugg.
  • cyborgofaltron, on 03/21/2008, -6/+9OK EVERYBODY SING! Deutschland, Deutschland über alles.....
    :P
  • Deveak, on 03/21/2008, -2/+7This is surprising considering Germany's past stance about file sharing. I suspect David Hasslehoff is a pirate!
    • marcomc2, on 03/21/2008, -1/+5oh my god we Germans do not like David Hasselhoff, WHAT THE *****, he isnt even ***** German! (Knight Rider WAS bad ass though...)
  • silence7, on 03/21/2008, -0/+8Names, we don't need no stinkin' names! We'll just subpoena your computer and router.
  • IronDonut, on 03/21/2008, -0/+24How is it that Germany is now the land of the free and we live in a police state?

    And they still make much better beer and cars.
    • breckinshire, on 03/21/2008, -0/+5And chocolate.
      • marcomc2, on 05/13/2008, -0/+1and Hip-Hop. Yes, I took it there. Digg me up if you know the truth.
  • phoque, on 03/21/2008, -1/+2Weird... I haven't heard anything about that yet.
    There was another decision the FCC made regarding data retention but that had nothing to do with ISPs handing out information about IP addresses....
  • SigmaDraconis, on 03/21/2008, -1/+2The FCC involved in this decision is probably the only FCC in existence that I'll ever like.
  • samard2002, on 03/21/2008, -7/+2Isn't there anybody left on Digg that still thinks piracy is a bad thing? That having the ability to steal something doesn't justify doing so? Because I can't stand how many of my peers are willing to trade in their morality for the price of a Transformer DVD.
    • feliks2, on 03/21/2008, -4/+1Booooooo!
      ***** THE RIAA
      • lolwutpear, on 03/21/2008, -3/+0transformers dvd? bad example, that movie is barely worth the price of the plastic the disc is made out of.
        that said, i did pay to see it in theaters.
        • feliks2, on 03/21/2008, -1/+1Transormers had nothing to do with this, it wa just a general statement, one that holds truth in it no matter where it is used, so once again: ***** THE RIAA. And since you mentioned transformers, i guess ***** THE MPAA also.
    • smurfsahoy, on 03/21/2008, -2/+5Morality is learned from society. If everybody in society does something, then in a very real sense, it is not immoral, so there is nothing being traded in.
      • platypibri, on 03/21/2008, -2/+1Hate to tell you, only about half of the country has a computer, and only about half of those people have broadband.(although both numbers are growing rapidly) "Everybody" is not a pirate. "everybody" aren't even nerds.
        • smurfsahoy, on 03/21/2008, -0/+2Hate to tell you, but I never said that everybody is a pirate. I said IF everyone is a pirate, then it wouldn't be wrong. The guy I responded to is the one who seems to think everybody is doing it. I'm just making a general point about morality that applies to him. If you don't agree with him, then my comment does not pertain to you.

          That said, many people would argue that those without computers really have nothing to do with this issue, as they are outside of the community that this relates to. This doesn't change the fact that even among those with computers, and those who game even, pirates are a minority. But it's something you should definitely consider when thinking about this issue.

          Also good to keep in mind - many people are not pirates but support piracy, or perhaps just reject anti-piracy measures. I am one such person who buys all his games and music, but still finds the RIAA etc. to be way out of line. Your comment does not take this into account.
        • platypibri, on 03/22/2008, -0/+1"That said, many people would argue that those without computers really have nothing to do with this issue, as they are outside of the community that this relates to." Well, with that logic, many people should also believe if you don't have a gun, you have nothing to do with the issue of gun control. I just don't think the premise logically holds up. Real or perceived, the industry counts piracy as a lost sales, and prices media for us legitimate consumers accordingly.
          That said, however, re: the RIAA and their ilk, two wrongs don't make a right, and I have pretty consistent track record of venomous hatred for for them and their practices. I have long said the answer to shrinking sales is not to sue pirates, but rather present consumers like myself with compelling media to purchase. And, in the last two years, the music industry has done that exactly once. I bought John Mayer's "Continuum". For my tastes, it had enough tracks that I enjoyed that I felt I'd pay for the whole thing. And I'm being very real when I say I'd make that decision a lot more often at 6 bucks, than I will at 13 bucks. The answer to shrinking sales is to put an end to the "Three Hits and a lot of crap" way of producing cds.
      • ryanonfire, on 03/21/2008, -0/+1Not true, it just depends what stage of moral development you're in http://en.wikipedia.org/wiki/Kohlberg's_stages_of_ ...
    • Hurricane, on 03/21/2008, -1/+1Morality is a double edged sword.
      Where is the RIAA and MPAAs morality when they try to sue a disabled 80 year old woman for $204 Million because AT&Ts records shows her account using a certain IP address at the moment they say a current hollywood release was being torrented?
      • Hurricane, on 03/21/2008, -0/+1WTF is the above comment being buried???
  • TheZorch, on 03/21/2008, -1/+1It sends a clear message. The recoding and movie industry treat file sharers like hardened criminals, they're law suits tie up the courts, while murders and rapists and other truly dangerous criminals get off Scott free most of the time. The US needs to learn from this lesson.
  • GtCo21, on 03/21/2008, -0/+14I think I'm going to move to Germany.
    First Scientology, and now this?
    Not to mention Oktoberfest....
    • MaxPayne3476, on 03/21/2008, -1/+4Say bye bye to all gory videogames! FTL
      • ryanonfire, on 03/21/2008, -0/+3The irony of your comment on a story about downloading media is killing me.
    • Hurricane, on 03/21/2008, -1/+5USA is about money.
      Europe is about people.

      That is something we have never faced in the US.

      We have strayed far and wide from our own dreams.
      • Hurricane, on 03/21/2008, -0/+1Its about time to find the dreams back again.
  • forgiste, on 03/21/2008, -0/+3Whoa... is that.. progress? I hardly recognized it.
  • AL7AIR, on 03/21/2008, -1/+3Arrrrrr, intertubes to full throttle ... full download ahead!
    • Hurricane, on 03/21/2008, -1/+3Man the IP canons, ready the torrent powder, lash the routers, we are going in for the big haul...AAARRRRRGH
      • Hurricane, on 03/21/2008, -0/+3WTF has happened to Diggers sense of humor????
  • digjam, on 03/21/2008, -10/+1HITLER WOULD BE PROUD!
    FINALLY INTHE RIGHT THREAD : ***** THE RIAA! MPAA!
    • Hurricane, on 03/21/2008, -1/+1There is No right thread for that.
      Hitler saw the success of Germany on the blood of the rest of the world.
      Such a view would have toppled his empire by 2008 even if it had come to fruition.

      The RIAA and MPAA are just too godamned greedy to use logic, because of this they are all but dinosaur bones already.
      • Hurricane, on 03/21/2008, -0/+1Perhaps some are taking my comment wrong, I in no way support ANYTHING the Nazis did or believed.
  • coreyb, on 03/21/2008, -1/+2So... what does the picture of the shirt have to do with this?
  • burton3660, on 03/21/2008, -1/+1does this affect foreigners who still use rapid share in any positive manner?
  • TKOtheKDR, on 03/21/2008, -1/+1RIAA: Hurry, before ze Germans get here!

    / . . . oh . . . dogs. Yeah, I like dags.
  • marcomc2, on 03/21/2008, -1/+2Germany FTW. Hamburg City FTW.
  • DavidStagno, on 03/21/2008, -0/+1I would just like to say...."SigmaDraconis"...i dugg you down...but i ment to digg you up for your comment...w/e lol..i probally wont get dugg up..but i just felt like saying it...THANKS FOR DIGGIN MY ARTICLE PEOPLE!!!
  • Cheesehead9805, on 03/21/2008, -0/+2"And Napster said file sharing never hurt anyone"
    Leela
  • BobEwell, on 03/21/2008, -0/+2Thank God I live in Germany right now!
    But the ISP's do sent out C&D letters to people who download torrents.....they just don't do anything about it.
  • ryanonfire, on 03/21/2008, -0/+1It makes no sense why RIAA is so against online downloads. In walmart they can only stock so many CDs where as on the internet there is infinite shelfspace, not to mention being able to cut out the middle man and any costs associated with manufacturing, shipping and storing CDs.
  • jeremyduffy, on 03/21/2008, -0/+1"Heavy crimes" or in other words "real" crimes
  • thisoneisunique, on 03/21/2008, -0/+3I really respect the German Federal Constitutional Court, they quite frequently thwart the politicians' hardliner plans.
  • SACubeMonkey, on 03/21/2008, -1/+1I'm not going to act like I don't download stuff that I probably shouldn't but it's a little weird to me that everyone is so celebratory about it.
  • z0mbie2099, on 03/21/2008, -0/+1Germany here I come!
  • whiteyx, on 03/21/2008, -0/+2I'm proud to be a black guy sticking it to my blue eyed german girlfriend, with the round booty
  • shatteredmind, on 03/21/2008, -1/+1i dont trust this report .. i read about something simular a few weeks ago .. and i think it can only be the same thing. only that the actual ruling is not so favorable as some people want to think it is. the whole "heavy crime" thing is not specified in real life, its just a flowery phrase. basicly all they did was to give the hunt on filesharing a legal basis by creating rules for it (asking for warrants etc).
    yes this means it will not be as easy to get the identity of a filesharer, because they have to apply for permission to get his identity .. but you have to do that with most things .. no big deal. what it comes down to is, if the judge you ask thinks that its justified to give out the information and prosecute the person - if the crime is "heavy enough".
    the press release of the ruling was very vague .. its open to interpretation and everyone is interpreting it differently. some people even said .. that newsarticles on the internet said something completly different in the german version of the page than in the english part.
  • smackafiyah, on 03/21/2008, -0/+1And who said Germans were such bad people?
  • AvangionQ, on 03/21/2008, -0/+2Glad to see that the European nations are coming to grips over the exorbitant demands being made of them by international corporations ... File Sharing is not a major crime, if a crime at all, and should not be treated as a felony case -- most statistics indicate that file sharing works as free advertising and actually increases sales, so if this is merely a problem of economics, its a lost cause -- but if its a problem of corporations trying to leverage political power via lawsuits, then the problem isn't with the people, but with big business trying to overextend their reach into the realm of corporate fascism ...
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