Fri, Mar. 28, 2008

Abuse of Prosecution

CK - Washington.   Prosecutors and courts are short on resources in North Rhine-Westphalia. Huge sums are spent on their criminal investigations of alleged copyright violations by Internet users.

The Wuppertal D.A. is now in trouble with the music industry and the justice department because the office refuses to process mass complaints filed by the music industry. Aside from the expense, the dispute involves a systemic issue in German civil procedure.

Discovery in civil matters relies frequently on the results of a criminal investigation which the prosecution shares with complainants. The music industry got used to D.A.s identifying violators which the industry would then civilly pursue in order to collect damages. The D.A.s feel that they are being abused as cheap investigative service in support of the industry's collection efforts and revenue streams.


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