10 April 2009

Catch the Ipredator if you can

Ipredator setupphoto © 2009 Espen Klem | more info (via: Wylio)

The music and entertainment industry representatives have very often during the, say, last decade set up the theory that the growth of broadband internet access has a causal connection with the more and more increasing

File Sharing

Some recent developments demonstrate the falling internet traffic in Sweden following a more rigid legislation in the course of IP rights enforcement, obviously dictated by the trial against the Pirate Bay.

The operators of the Pirate Bay have thus decided to technically enable an anonymity service for their users, called

Ipredator

The idea behind the Ipreadtor is not to log the users’ data in order not be obliged to provide right holders therewith. I am wondering as to whether this act does not conflict with the general obligation to retain communication related data imposed by the Data Retention Directive 2006/24/EC.

But even assuming the prevailing provisions of the Directive, a further maybe much more interesting question arises: does an alleged copyright infringement constitute a

Serious Crime

in the sense of the Directive, which would entitle law enforcement agencies to process user related information on the grounds of the Directive?

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