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ARTICLE · 13 JULY 2007

Peppermint‘s Case: Lawful Copyright Protection Or Data Protection Breach ?

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On April 2007, Peppermint Jam Records GmbH (hereinafter "Peppermint"), a German music label, sent out 3,636 notices of copyright infringements to alleged Italian file-sharers informing them that they have been found guilty of uploading copyrighted songs.

ItalyIntellectual Property
Laura Liguori
Laura Liguori

Facts

On April 2007, Peppermint Jam Records GmbH (hereinafter "Peppermint"), a German music label, sent out 3,636 notices of copyright infringements to alleged Italian file-sharers informing them that they have been found guilty of uploading copyrighted songs.

The notices, sent by an Italian Law Firm, requested the 3,636 Italian swappers to stop persisting in their infringements of copyright laws and requested them to immediately remove from their PCs all songs belonging to the Peppermint label. In particular, each user has been specifically charged of sharing only a single song.

The notices also invited users to wire transfer EUR300.00 to the Italian Law Firm’s bank account within May 14, 2007, if they wanted to avoid a criminal and/or a civil lawsuit brought against them. The amount represented a symbolic compensation for damages caused by sharing that song, including legal and investigation expenses. Attached to the notices Italian users also received a draft settlement

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