gHacks technology news » copyright infringement http://www.ghacks.net A technology blog covering software, mobile phones, gadgets, security, the Internet and other relevant areas. Tue, 24 Nov 2009 03:24:03 +0000 http://wordpress.org/?v=2.8.6 en hourly 1 ISPs don’t have to give up names in civil cases http://www.ghacks.net/2008/01/30/isps-dont-have-to-give-up-names-in-civil-cases/ http://www.ghacks.net/2008/01/30/isps-dont-have-to-give-up-names-in-civil-cases/#comments Wed, 30 Jan 2008 10:25:53 +0000 Martin http://www.ghacks.net/2008/01/30/isps-dont-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 ?

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]]> http://www.ghacks.net/2008/01/30/isps-dont-have-to-give-up-names-in-civil-cases/feed/ 0 Viacom sends takedown notice to author of video clip http://www.ghacks.net/2007/08/31/viacom-sends-takedown-notice-to-author-of-video-clip/ http://www.ghacks.net/2007/08/31/viacom-sends-takedown-notice-to-author-of-video-clip/#comments Fri, 31 Aug 2007 06:14:48 +0000 Martin http://www.ghacks.net/2007/08/31/viacom-sends-takedown-notice-to-author-of-video-clip/ The following story is to good to just pass a long. Imagine you create a video and upload it to Youtube. You do get some exposure and someday you realize that a tv show, in this case Web Junk 2.0 on VH1, played your video on their show without asking for your permission in first place.

You then decide to get a copy of that part of the show and publish it on Youtube again to be able to comment on it on your own blog. Guess what happens next ? Right, you get a takedown notice by the guys who took your video in first place without authorization.

Common sense tells me that this is wrong. I’m not a lawyer though and it might be a perfectly clear case but it sounds wrong. You do give Youtube the (non-exclusive) right to redistribute the videos without asking for your permission and it could be possible that Youtube has a deal with Viacom in place that allows them to pick videos for their show.

It could be. It still sounds wrong though. Below is the original clip, the other video was taken down unfortunately.

Read More:

The Knight Shift

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