Film Downloader Acquitted; ISPs Told To Give Up P2Pers

While a 22-year-old French Netizen who downloaded a reported 488 films from the Internet and from DVDs he borrowed from friends was acquitted of copyright infringement, Britain’s High Court has given British Internet service providers 14 days to give up names and addresses of peer-to-peer music downloaders.

A criminal court in Rodez in the south of France reportedly determined the unidentified 22-year-old was covered under provisions in French copyright law that allows copying and reproducing of works restricted to “private use of the copyist and not intended for collective use.”

Meanwhile, Britain’s High Court order came days after the British Phonographic Industry warned they would start legal processings – a la its American counterpart, the Recording Industry Association of America – against those offering music without formal permission. The hit list begins with a reported 28 individuals believed the most massive P2P downloaders.

As does the RIAA in its litigation, and pending any legal challenge by the British ISPs, the BPI said it will offer the suspected offenders a chance to settle out of court. But the BPI also insisted that they will seek injunctions including monetary damages against the 28 if they resist any settlement opportunity.

The RIAA’s controversial subpoena-and-sue counterattack against P2P file swappers has not come without problems. In January, Verizon won a federal court ruling that the RIAA could not force them or any ISP to give up subscriber names unless the ISP itself received a subpoena, which would be difficult since it isn’t an ISP that stores the downloaded works.