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Prosecutors in a German state have announced they will refuse to entertain the majority of file-sharing lawsuits in future. It appears that only commercial-scale copyright infringers will be pursued, with those sharing under 3000 music tracks and 200 movies dropping under the prosecution radar.
During the last few years the legal climate in Germany has become more and more weighted against file-sharers, with hundreds of thousands receiving threats of legal action. Based on information gathered by anti-p2p tracking outfits, an offense is reported which the public prosecution service is obliged to investigate due to the fact that copyright infringement is a criminal issue in Germany. The ISP of the alleged infringer would then be forced to hand over the personal details of those accused, who would then be threatened with legal action.
Very often the legal action is not carried out but the threats are used as leverage to get ‘compensation’ from the alleged infringer to hand to the rights holder. It seems that the legal system in German has had enough of this ‘abuse’ of the criminal law system for ‘civil’ monetary gain.
The dividing line between personal file-sharing and commercial file-sharing needs to be defined clearly under the law, and the prosecutors have gone some way in offering this definition. “The guidelines say that no investigation should be done if the damage is lower than 3000 Euros (approx $4,500),” Christian told us. “The guideline says that the damage of trading one song is 1 Euro ($1.50). That means, that you could have 2999 Files on your computer and the prosecutors will not investigate.”
http://torrentfreak.com/sharing-2999-so ... ny-080814/Whilst the German music cartel are not likely to be happy, and indeed the international cartel will no doubt have something to say on this, it looks very much like a victory for common sense. Lets hope we see this sort of approach spreading to other countries.
