What is the responsibility of providers of information companies operating on the Internet for illegal downloading of audio and video files, software, etc.?
What is the procedure for finding a particular end user / owner of the IP address in the territory of which the PC located in the CR illegally download and even re audio and video files, software, etc.?
Basis for answers, opinions and practical experience:
treatment of illegal downloading of music, movies, software, games
Basic legislation:
Act No. 127/2005 Coll. On Electronic Communications (AEC)
Act No. 480/2004 Coll. Certain Information Society Services (ZSIS)
Act No. 121/2000 Coll. On copyright, rights related to copyright (AZ)
Act No. 101/2000 Coll. on the protection of personal data and amending some laws (ZOOÚ)
Act No. 40/1964 Coll. Civil Code (CC)
Act No. 513/1991 Coll. Commercial Code (Commercial Code)
Act No. 441/2003 Coll.
Trade Marks Act No. 143/2001 Coll. On the Protection of Competition
Act No. 140/1961 Coll. Criminal Code (CC)
Act No. 200 / 1990 Coll. on misdemeanors (SMRs)
European Directives:
Council Directive 91/250/EEC on the legal protection of computer programs
Directive 96/9/EC of the European Parliament and Council Directive on the legal protection of databases
Directive 2001 / 29/ES European Parliament and Council the harmonization of certain aspects of copyright and related rights in the information society (Information Directive)
Where is the favored Czech legislation is inadequate and has the period fixed for priority must be to apply the provisions of the Directive.
liability for infringement:
Copyright (ie pursuant to § 40-44)
Civil (ie, according to Mark - § 415 et seq., § 451 et seq.)
Criminal Law (Ie according to the Penal Code - § 152 or by ZPR - § 32)
Act No. 480/2004 Coll. Certain Information Society Services and amending some laws
(ZSIS)
limits the liability of providers of free space and ISPs the content accessed on their servers and their connection
Disclaimer ISPs (§ 3 ZSIS)
ISP is not responsible for the content of transmitted information, unless:
a) the transfer itself
initiated or b) chosen by transmitting information or
c) choose or change the contents of transmitted information (ie, unless he somehow strikes to the transmission)
Limitation of liability of providers of free space (§ 5 ZSIS)
space providers are not liable for content of information stored on the user's request, unless
:
a) be likely to subject their activities and the nature and circumstances of the case know that the content of information stored or user behavior is unlawful, or
b) learn a proven record of illegal nature or content of information stored on the user's infringement, and shall not do any steps that may require them to remove or disallow such information.
Providers or providers of free space are required (§ 6 ZSIS)
a) monitor the content transmitted by or stored information,
b) actively seek facts or circumstances indicating illegal information content.
If providers of these services, meets the conditions specified in the law, are in the "safe harbor (Safe Harbor) and the content stored on their servers or transmission of the match.
In relation to the request data identifying illegal downloader software "crackers", the ISP or network operator is obliged to follow the rules of operation. Among these include the creation of operational traffic data, which can then provide, in cooperation with the police. It is usually the conditions laid down by the AEC business in electronic communications (§ 88 paragraph 1 AEC), which mainly include:
Operating Officer of any data processed for the purposes of transmission of electronic messages or communications to its billing.
- processing and storage of traffic data, including the location data related to user or participant is obliged to delete or make anonymous when no longer needed for message transmission (§ 90 paragraph 2 AEC). data
- the interception and recording of messages required to set up and secure at designated points on its network interface for connecting the terminal equipment for telecommunications interception and recording of messages (§ 97 paragraph 1 AEC).
- the obligation to retain traffic data and, on request, provide the authorities entitled to request them under a special law (§ 97 paragraph 3 AEC) provides the details of implementing legislation.
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