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Federal Supreme Court holds Logistep’s "Anti-piracy" tracking service unlawful

June 2011 - Intellectual Property. Legal Developments by Drew & Napier LLC .

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Logistep AG had been extracting the dynamic IP addresses of persons uploading copyright-protected works to P2P networks and then forwarding those addresses to the relevant copyright holders in order to allow them to identify the persons using the IP addresses by filing criminal complaints against “unknown” persons.

On September 8th 2010, the Swiss Federal Supreme Court ruled that under Swiss data protection law, a static or dynamic IP address is considered personal data and that Logistep AG’s practice constitutes an unlawful and unjustifiable breach of the privacy of the persons concerned. As a result, the court ordered Logistep AG to cease such processing activities. The decision of the Swiss Federal Supreme Court containing the detailed reasoning and motivation has not yet been published officially.

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