Creative Commons - Belgium

[BeMol!- Marcel Vander Mierde <marcel AT bemol.be>]

Op Monday, May 9, 2005, 12:48:28 PM, Wim! wrote:

> Hello,

> See, in annexe, the draft letter that Brein (Dutch representant for the
> entertainment industry, hunting for illegal uploading on the internet) sends
> to ISP's to get a.o. the identity of users without a court order and to get
> signed declarations from users agreeing with penalties etc...

> Source : EDRI

Wim,
in Belgium, this kind of actions is totally forbidden.
According to Telecom and privacy-Law a provider may only give
information about its clients to the court when  properly summoned to
do so. This means there has to be a whole processus to be followed.

The only thing IFPI/SABAM can do is to deposit an official plaint to
the court or a policeservice and wait for any trial to come up.

Most ISP's are indeed passing the message they get from IFPI/SABAM,
but as far as I know, they heve never passed the identity of their
clients to IFPI/SABAM.
I have been member of the TIK-vzw negociation-team with Telenet for
years, and we were regulary contacted by Telenet-clients who thoght
Telenet had passed their identity to IFPI/SABAM (In fact, most of them
were dumb-stupid to leave enough traces to track them down)

-- 
greetings,
Marcel Vander Mierde

BeMol! - Belgian Music online!
<http://www.bemol.be/>

Contact
mail: marcel at bemol.be
mobile: 0494 17 85 91