The systematic registration of IP addresses of users and the communication of their names and postal addresses to the holder of intellectual property rights or to a third party in order to enable an action for damages to be brought is permissible under certain conditions

(Source: Court of Justice of the EU)

The request for information from a holder of intellectual property rights is not to be abusive and
must be justified and proportionate

The undertaking Mircom International Content Management Consulting (M.I.C.M.) Limited
(‘Mircom’) submitted a request for information against Telenet BVBA, an internet service provider,
to the Ondernemingsrechtbank Antwerpen (Companies Court, Antwerp, Belgium). That request
seeks a decision requiring Telenet to produce the identification data of its customers on the basis
of IP addresses collected, by a specialised company, on behalf of Mircom. The internet
connections of Telenet’s customers have been used to share films in the Mircom catalogue, on a
peer-to-peer network, using the BitTorrent protocol. Telenet challenges that request.

Full Press Release – 105/2021 : 17 June 2021 – Judgment of the Court of Justice in Case C-597/19

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