Spain continues to cement its position as Europe’s leading safe haven for file sharers, this time with the assistance of the European Union. EU Advocate General Juliane Kokott has recommended to the European Court of Justice that Spanish Telefonica ISP should not be compelled to hand over names of suspected file sharers. You can tell how long this thing has been dragging on by the fact that most are wanted for copyright infringement on Kazaa. Of course if the EU Court accepts her recommendation then it will have precedent implications for the rest of the EU, which is in stark contrast to the direction of the Belgian Scarlet ruling.
But much of this debate will become moot as the continued shift of file sharing towards anonymous networks, F2F and DarkNet networks, along with forums, blogs, email, IM etc etc. With many of these methods, it is nigh on impossible to track the individual users. The music industry has always been playing a game of catch up with file sharing, now they are on the verge of being lapped.
We’ll be publishing a report on this topic soon, so watch this space.