DUTCH DOWNLOADERS; FRAMEWORK DOCUMENT


Dutch 'download' site shut down

The Dutch Court of Appeal has ordered that the Zoekmp3.nl website must be shut down according to the BBC website. Zoekmp3.nl did not host copyright-infringing music, but instead provided deep links to infringing music on other sites. The court gave short shrift to the website’s argument that it had put a disclaimer on the site warning people not to infringe copyright, saying:
"Such a warning ignores the reality that the lion's share of visitors are looking for unauthorised MP3 files".
The fact that Zoekmp3.nl would benefit financially from the links because of increased traffic to the site was also noted.

The IPKat would be mighty interested to know the precise ground on which the infringement was found.


Patent Framework Document

The Patent Framework Document 2006 is now online. It’s short but awfully racy.
DUTCH DOWNLOADERS; FRAMEWORK DOCUMENT DUTCH DOWNLOADERS; FRAMEWORK DOCUMENT Reviewed by Anonymous on Tuesday, June 20, 2006 Rating: 5

2 comments:

  1. in short: A dutch version of US Supreme Court in Grokster. The explicit (commercial) exploitation of links to infringing material was considered to be contrary to the fundamental principles of social and economic live.

    ReplyDelete
  2. The court did not consider whether there was copyright infringement. Under Dutch law the following act is deemed to be unlawful (art 6:162 Dutch Civil Code): "an act or omission violating a statutory duty or a rule of unwritten law pertaining to proper social conduct".

    According to the court, the person operating the search engine acted unlawful on this ground. The operator of the search engine made a profit by using the availability of unauthorised mp3-files, without taking into account the interests of the rights holders. This, taking into account the fundamental interest of the rights holders, violates a rule of unwritten law pertaining to proper social conduct according to the court.

    ReplyDelete

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here: http://ipkitten.blogspot.com/p/want-to-complain.html

Powered by Blogger.