AG’s opinion—users of peer to peer networks and communication to the public (Mircom v Telenet)

Article summary

TMT analysis: The Advocate General (AG) has given an opinion on whether users of a peer to peer (P2P) network who download and upload parts of a file undertake a ‘communication to the public’ (CTTP). The AG also considered the issue of whether a contractual holder of copyright (Mircom) who claims damages from alleged infringers can benefit from the same rights as authors under Directive 2004/48/EC, the EU Enforcement Directive and related issues on the processing of personal data. In this case, the AG considered whether so called ‘copyright trolls’ have an equal right of claim as a traditional rightsholder. The AG opined that: (a) Mircom, whose business model was to contact as many end users as possible and rely on their embarrassment at being identified as downloading P2P pornographic videos, to encourage them to pay a ‘settlement’ (of usually a fixed sum), should not be entitled to the same protection and access to rights as other...