Antipiracy investigators run afoul of Swiss law

Found on Ars Technica on Sunday, 27 January 2008
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Part of the reason the RIAA is so relentless with its legal campaign against file-sharing in the US is that the group can readily obtain the names and addresses of broadband subscribers via John Doe lawsuits. In contrast, the motion picture and music industries have had mixed results with that strategy in Europe, and one firm retained by Big Content is under fire in Switzerland for what the Swiss government says are illegal tactics.

Unlike US law, which allows the identity of an ISP subscriber to be revealed via a civil action, Swiss law requires a criminal case to be filed in order for the data to be divulged.

Logistep has sidestepped that requirement by having prosecutors file criminal copyright infringement cases against suspected file-sharers. Once the company learns the identity of the alleged infringer, it files a civil lawsuit. The prosecutors will then typically drop the criminal case.

Loopholes in laws are for those who want to abuse it. It's good to see that not everybody bends over when the lackeys of the industry try to play their games.