ISPs don’t have to give up names in civil cases

The news that European Internet Service Providers did not have to give up names of customers to members of the Music Industry and other organizations in civil cases hit the Internet by storm. Everyone seemed to think that this was a major victory for consumer rights. It probably is in some countries but let me explain how this is easily circumvented, at least in Germany.

German Internet Service Providers did not give out their customer names in civil cases even before the ruling of the EU court. Copyright infringement is however a criminal offense in Germany which means that the companies file a criminal lawsuit, the State is investigation, getting information about the IP in question and the companies simply take a look into the documents to find out the real name and contact information about that person.

After they get the name they file a civil case and the criminal lawsuit is normally closed because of minor offenses. With the name however they can - and do - sue the user whose IP they detected.

Is copyright infringement a civil or criminal offense in your country ?