Mixed reaction to EU court ruling on copyright

European countries do not have to compel telecoms companies and other internet service providers to disclose information about customers suspected of illegally sharing music files online, the region's top court ruled yesterday.

But the European Court of Justice said member states did need to ensure that a "fair balance" was struck between the privacy rights of individuals and the rights of intellectual property owners - such as music and film producers - seeking to pursue civil legal claims over copyright infringement.

The decision, which has wide-ranging implications for suspected internetrelated offences, brought a mixed reaction. Some lawyers warned that it could result in different approaches being taken in different European countries - and a push for fresh legislation as a result.

"The decision may come as a disappointment to holders of IP rights, since it makes it clear that there is a lack of harmonisation in [European] Community law in relation to the interplay between the right to privacy and property rights," said Quentin Archer, a partner at the Lovells law firm. "It may be up to legislators to do something about it."

But IP rights holders insisted the decision was not discouraging. "The court has provided a welcome reminder that there is a balance in law between the rights to privacy and other fundamental rights," said Christopher Marcich at the Motion Picture Association.

John Kennedy, head of the IFPI, which represents the recording industry, said: "The judgment means that music rights holders can still take actions to enforce their rights, and it has sent out a clear signal that member states have to get the right balance between privacy and enforcement of IP rights."

He added: "The European court has confirmed the need to have effective tools to tackle piracy."

The ECJ ruling stemmed from a Spanish case in which producers and publishers of musical and audiovisual recordings were demanding Telefonica, the telecoms company, disclose the names and addresses of some of its internet customers. The producers' organisation, Promusicae, claimed the individuals had been using the Kazaa programme to share music files over the internet and wanted to sue them in Spain's civil courts.

But Telefonica claimed the personal data requested was only required in criminal proceedings or if national security was at stake. As a result, the issue was referred to Europe's top court for guidance, where several member states, including the UK, intervened.

Yesterday, judges at the ECJ agreed the case pitted fundamental rights to privacy against rights to the protection of property and to effective remedies.