Xavier Naidoo prevails over BGH: Providers must pass on customer data in case of infringement


According to a decision published on Friday, Internet providers must also, in the case of non-commercial infringements, usually provide the name and address of users who have unauthorizedly posted a piece of music in an online exchange. The right holder would be "de facto defenseless", as far as he would not receive information in such cases, it was said in the reason (Az .: I ZB 80/11).

The BGH thus granted the request of a music distribution company that performs rights to songs by singer Xavier Naidoo. The distribution had determined IP addresses of users who offered the title "Please do not stop dreaming" via an online exchange for downloading. These were so-called dynamic IP addresses, which are not permanently assigned to a user but are each newly assigned by the provider. Now the music distribution wanted to know who had used the addresses in each case. The lower courts had rejected the application, because the injury had no commercial scale.

The BGH now overturned the decisions of the courts of appeal and granted the application. Even in cases without commercial scale, the publication of so-called traffic data is permissible; This can be used to determine which user had a specific dynamic IP address at a specific time. Such an application is generally justified without further ado ", weighing the rights of the right holder, the respondent and the user as well as taking into account the principle of proportionality, " said the BGH. (Dpa / tc)