Dutch Appeals Court Refuses to Disclose File Sharers Identities

When CRIA lost its file sharing lawsuits against 29 alleged file sharers in 2004, it immediately characterized Canadian law as out-of-step with the rest of the world and dismissed the privacy-related concerns that arose from the case.  Two years later, The Register brings word that the Netherlands appears to be moving the same direction as the Canadian courts.  A Dutch appellate court has similarly rejected an attempt to obtain the identities of alleged file sharers at five Dutch ISPs.  The court ruled that the collection of the data used to identify the file sharers by U.S.-based Media Sentry violated European privacy laws.


  1. USA arrogant rules do not apply globally
    Good on the Dutch! After Canada back in 2004 and 2005 one might think the Media Sentry folks would have done a re-group. Er, NOT because the root of the issue is Capital-“A” Arrogance. Some American companies simply believe that their business ethics apply everywhere else in the world and other countries be damned if they think otherwise. Backed financially, and constantly pressured, by the US copyright control industries, companies like Media Sentry can only see as far as their bank accounts and they continue barreling full steam down the track. Not sure whether WHAT they’re doing so much as their motivation (the WHY) behind it that is most worrisome.

  2. Dale Dietrich says:

    For those interested, an English-language copy of the lower court ruling in this case is posted on my iMedia law site here:

    If I obtain/find a copy of the Appeals Court Decision, I will post it on my site as well.


  3. Patrick Chapman says:

    Interesting point about the European privacy laws. One would assume that these laws would apply in the UK. So when the BPI rears its ugly head again, maybe the ISP’s should take it to the House of Lords and finally the European Court. Unfortunately that is the trouble, what downloader/uploader has the time or money to put into such a long protracted case. ISP’s might and would finally release them from the terror the IFPI/CRIA/RIAA AND BPI put into them.