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Deutsch: Serie: Privatisierung der Online-Strafverfolgung – Teil E

In a bizarrely designed document, looking like a mix between a wedding invitation and an accident in a blue ink factory, leading online retailers Amazon, eBay and Priceminister have sold out the interests of their consumers in a "memorandum of understanding" with a range of luxury goods and copyright groups. In return, they have received a non-binding commitment not to be sued by the rightsholders for twelve months.

Under the agreement, the Internet platforms agree to take responsibility "to assess the completeness and validity of " reports from rightsholders of counterfeit goods being sold through their services and, based on this extra-judicial notice, not only to remove the listings of the alleged counterfeit material but also to take "deterrent measures against such sellers".

Furthermore, for reasons that are not explicitly explained, Internet platforms will receive lists of words "commonly used for the purpose of offering for sale of 'obvious' counterfeit goods" which they will "take into consideration". Up to the limits imposed by data protection law, "Internet Platforms commit to disclose, upon request, relevant information including the identity and contact details of alleged infringers and their user names".

On the other side, the rightsholders undertake to make requests for personal information "in good faith" and in accordance with the law.

With regard to sellers who are adjudged by the online retailer to have repeatedly broken the law, the Internet platforms undertake to "implement and enforce deterrent repeat infringer policies, according to their internal guidelines" including temporary or permanent suspension of the seller. These deterrent measures are to be implemented taking into account a number of factors, including the "apparent intent of the alleged infringer". The policing by the Internet platforms will, in turn, be policed by the rightsholders who, subject to data protection law "commit to provide information to Internet Platforms concerning those sellers they believe to be repeat infringers and commit to provide feedback to Internet Platforms on the effectiveness of Internet Platforms' policies regarding repeat infringers (e.g. if rights owners feel that there has been a failure to take measures against a repeat infringer).

In the entire document, which consists of 47 paragraphs, just one is devoted to the enforcement of the law by law enforcement authorities.

Memorandum of Understanding (4.05.2011)
http://ec.europa.eu/internal_market/iprenforcement/docs/memorandum_040...

(Contribution by Joe McNamee - EDRi)