0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

p2P Filesharing – appeal court orders O2 to disclose more names

3 January 2013

Golden Eye was licensed on terms to bring copyright infringement proceedings against people alleged to have shared pornographic works.

The High Court  did not find this agreement illegal but refused to order O2 to disclose alleged filesharers’ identities as that would ‘endorse’ the agreement, and be ‘tantamount to… sanctioning the sale of the Intended Defendants’ privacy and data protection rights’.

The Court of Appeal disagreed – the licence did not increase the risk to vulnerable defendants, and any information received could only be used for the proceedings.

Although the Media CAT cases suggested courts should put safeguards in place before granting such orders, it is clear from this decision and the Supreme Court’s decision in RFU v Consolidated Information that the courts will order disclosure of individuals’ identities to enable legitimate claims to be pursued.

So, expect more P2P litigation against individuals; though it could still be difficult to prove who actually performed the infringing act and the recovery sought may not reflect the level of damage suffered.

related opinions

High Court finds against WASPI women

The High Court has rejected the judicial review claim brought by the campaign group BackTo60 against the Department of Work and Pensions (DWP).

View blog

Compulsory drone registration goes live on 1 October 2019

As part of the continued tightening of the restrictions on drone use within UK airspace, the latest amendments to the Air Navigation Order 2016 come into force on 30 November 2019.

View blog

Marriott International: a look behind the ICO’s £99m fine and what this means for corporate acquisitions

Last month, the Information Commissioner’s Office (ICO) announced notice of its intention to fine (NOI) Marriott International, Inc. £99m for infringements of the GDPR.

View blog

Cyber risks – are businesses really ready?

The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up