Swiss data protection officer at the second attempt successfully several industrial firms in Germany access when determining copyright infringement on the services in Steinhausen, Switzerland based Logistep AG back. Monitored the company Internet exchanges since 2004 and documented violations of copyright by the unauthorized uploading of protected works. Speaking candidly best bars in new york told us the story. Here comes the in-house software file sharing monitor”used. The collected data (IP address, time, hash value) be provided the firms specialized in the prosecution of copyright infringement, that send subscribers thousands cease and desist letters to determination to enforce claims for injunctive relief and damages. The required amounts are often in the four-digit range. Also for the Swiss discovery company this business model is to be profitable. About the actual amount of compensation dissipated in some cases in the Logistep AG can only be speculated. In a previous complaint of the a service contract was presented with a rights holder Swiss Federal data protection and information Commissioner, stating that the company Logistep besides setup costs of EUR 650 for each captured and dunned down violation success independent EUR 189 and plus 50% of the received compensation payments received.
The Swiss Federal Court in its decision of the 08.09.2010 (1C_285/2009) at least on Swiss soil activity of Logistep AG has now inserted a bolt. The approach of Logistep AG is the data protection act does not agree with the Court in Lausanne. Swarmed by offers, New York museums is currently assessing future choices. Also, the invasion of privacy of the persons concerned was not by an overriding interest to justify. Starting point of the process was a complaint of the Supreme supervisor of Switzerland, who was so successful at the second attempt. The Swiss data protection Act protects personal data in Germany. As but before evaluation of IP addresses is not clear in which country the connection owner is, the investigations of we believe that not only should be prohibited with regard to Swiss Internet users, but generally on Swiss soil.
The impact on file-sharing warnings in Germany remain to be seen. Although, the industrial sector with the Swiss Federal Court must first collect a heavy hit. It is however to be expected that the Logistep AG is now transferring its seat. In Germany about the Federal Supreme Court has said so far no similar concerns.