Sharing 2,999 Songs, 199 Movies Is Safe In Germany 212
unassimilatible writes "Torrentfreak is reporting that German prosecutors will now only pursue larger-scale file sharers on the Internet, as they are tired of being the entertainment industry's profit collector. 'Prosecutors in a German state have announced they will refuse to entertain the majority of file-sharing lawsuits in [the] future. It appears that only commercial-scale copyright infringers will be pursued, with those sharing under 3,000 music tracks and 200 movies dropping under the prosecution radar.' And the money quote: 'It seems that the legal system in Germany has had enough of this "abuse" of the criminal law system for "civil" monetary gain.' If only an American politician would make this point. Why should taxpayers underwrite their government becoming enforcers for the entertainment industry? Then again, when you see how much politicians are being paid, an answer suggests itself."
"In return" (Score:5, Informative)
Beginning next month, copyright holders can just ask ISPs directly for the address of filesharers, so they don't need the public prosecutor anymore. Until then, having the public prosecutor investigate copyright infringement was the only way to get the name and address of the filesharer. No case was actually pursued. It was always just a vehicle to get the necessary information for a civil suit (actually just a way to get people to sign cease-and-desist declarations and pay up: The civil suit also rarely goes to court).
Re:logic error (Score:4, Informative)
Correct.
But to sue somebody, they have to know whom.
So what they do in Germany, they send the IP adress of a suppost pirate to the prosecuters, who investigate the matter. While doing this they ask the internet providers for the identity of the person who used that IP address at that time.
In most cases, they stop investigating once they come to the conclusion that no crime was commited.
Now the lawyers of the recording industry get the opportunity to look into the files of the prosecuters, get the information of the suspected pirate and sue him in a civil case.
Only in one part of Germany (Score:5, Informative)
Germany is a federal state, comprised of multiple independent states with their own governments. According to TFA, this only counts for prosecutors from the Nort-Rhine Westphalia.
Come on. Learn a little something about the rest of the world.
Re:logic error (Score:1, Informative)
This system already exists in the US. You have guys filing suits like suing Tom Cruise for killing Abraham Lincoln and faking the moon landing; the court throws it out as frivilous.
Hopefully, they will eventually do the same for the pigopolists here in the US they are in Germany; tell them they can go after the big targets but not personal-level sharing.
Interview with the district attorney (Score:2, Informative)
Summary of TFA's source (Score:5, Informative)
Re:Strange question (Score:2, Informative)
The reason? They want to avoid liability for being sued over frivolous lawsuits. If Fair Use is inherently questionable, then they can sue anyone they want whenever they want without consequence while they stick ordinary people with huge legal fees and no chance of recovering them from the people who dragged them into court in the first place. The whole point, of course, is simple intimidation.
Re:"In return" (Score:4, Informative)
Mod parent up. This is the only relevant post so far.
There will be a new law which gives copyright holders the tools to request infringer user data directly from ISPs which are required to store it for some time. Before that, it was not possible to get this data without a criminal warrant due to personal data protection laws, and so an enormous case load resulted for the public prosecutors. They do not want to play along any longer for smaller cases where no criminal trial will ultimately result. Copyright holders are of course still eligible for compensation by infringers by means of a civil suit. This whole process has just been streamlined. That is all. No free passes for anybody.
No logic error (Score:5, Informative)
Contributions to RIAA/MPAA (Score:2, Informative)
Re:First they came (Score:3, Informative)
I guess German broadband speeds aren't as good as those in Japan or Finland [slashdot.org].
At 60Mbps, you could keep 200 torrents running at better than 30KB/sec. That's only 7 hours to download a 2-hour movie at the normal size that most people use with MPEG-4 compression.
Re:German commies (Score:1, Informative)
Germany is more democratic than USA. They are nr. 13 and 17, respectively.
http://en.wikipedia.org/wiki/Democracy_Index
Re:It's OK (Score:1, Informative)
not a logic error (Score:3, Informative)
In germany, the RIAA abuses the criminal courts to get the ID of file sharers. They file a criminal report on which the authorities have to act. Then they demand access to the records in order to obtain the identity of the "terrorist". Criminal charges are dropped in 99.9% of all cases, but the RIAA has the identity and files a civil suit.