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European Court of Human Rights – Sanoma Wins Autoweek Reporter’s Privilege Case versus the Netherlands

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autoweek1On 14 September 2010, the magazine Autoweek and publisher Sanoma won their case before the European Court of Human Rights (“ECHR”) versus the Netherlands. By demanding Autoweek to surrender photographs, the Netherlands have acted contrary to the freedom of information as guaranteed by Article 10 of the European Convention on Human Rights (the “Convention”).

The case concerns a police raid in 2002 at the editorial office of Autoweek, during which photographs of an illegal street race in Hoorn were seized. The photographs had been taken by a journalist of Autoweek after having guaranteed the anonymity of [Read more…] about European Court of Human Rights – Sanoma Wins Autoweek Reporter’s Privilege Case versus the Netherlands

Court of Appeal of The Hague Allows Image Right Claim of Turkish Woman

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dansende mensen in een discotheekOn 24 August 2010 the Court of Appeal of The Hague rendered a judgment in an image right case. In this judgment, the Court of Appeal allowed the claim of a Turkish woman who argued that she had become ‘socially isolated’ as [Read more…] about Court of Appeal of The Hague Allows Image Right Claim of Turkish Woman

Tapes of Monitored Dutch Journalist Infringe Reporter’s Privilege – Acquittal of ‘Leaking’ AIVD Official

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jens_telegraaf1Fruits of the poisonous tree

The Court of Haarlem has acquitted the (according to the AIVD) ‘leaking’ AIVD official who would have provided Dutch newspaper De Telegraaf with information about Iraq. This acquittal is mainly based on the journalistic right of non-disclosure. The Dutch General Intelligence and Security Service (AIVD) had bugged various De Telegraaf journalists and had thus obtained evidence against the AIVD official. According to the [Read more…] about Tapes of Monitored Dutch Journalist Infringe Reporter’s Privilege – Acquittal of ‘Leaking’ AIVD Official

No Database? Protection of Documents as a Safety Net

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Ryanair en Wegolo logoThe protection of documents seems to be a more effective tool to protect a (searchable) collection of data than the Databases Act that was created especially for this purpose. An example is the dispute between price-fighter PR Aviation and Ryanair. On its websites wegolo.com and wegolo.nl PR Aviation offers consumers the possibility to search flight data and to compare flight prices. Besides this search system, PR Aviation offers customers the option of booking the flight found through its intermediary services. However, Ryanair has objected to the use of its flight data [Read more…] about No Database? Protection of Documents as a Safety Net

Judgment in Preliminary Relief Proceedings Brein – Ziggo/XS4ALL: No Blocking of The Pirate Bay

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pirateOn 19 July 2010 the Court of The Hague rendered a judgment in the preliminary relief proceedings instituted by Brein against Ziggo. Brein demanded Ziggo to shut down The Pirate Bay for its subscribers. The judge in preliminary relief proceedings rejected this claim with a remarkable argument and, therefore, in my view, an incorrect outcome.

For many years Brein has been fighting The Pirate Bay, which has been active since 2004 and is the largest BitTorrent website of the world. On this [Read more…] about Judgment in Preliminary Relief Proceedings Brein – Ziggo/XS4ALL: No Blocking of The Pirate Bay

ECJ in Portakabin / Primakabin: use of AdWords can be trademark infringement

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Een tweedehands Portakabin (Primakabin.nl)On July 8, 2010, the European Court of Justice ruled on the circumstances of trademark infringement by the use of Google AdWords. AdWords are search words that, if they are typed in a search engine like Google by an internet user, create sponsored links or advertisements next to the “objective” results that are selected on the basis of algorithm. AdWords are sold by an auction to the highest bidder. The highest bidders gets the top sponsored link in [Read more…] about ECJ in Portakabin / Primakabin: use of AdWords can be trademark infringement

European Court: Conviction of Gossip Magazine for Publication of Portrait of a Suspect in Violation of the Freedom of Speech.

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mediareport1The Finnish National Conciliator arrived home late at night with his girlfriend, apparently not hindered by the fact that his wife, who was not amused, was also living in the same house. There was a fight: the National Conciliator and his female friend against the wife. The son of the house also received some blows (given by the female friend). The National Conciliator and his female friend were arrested and later convicted. 

The Finnish magazine 7-päviää wrote about this fight and published photographs and the full name of the female friend (who, as the magazine revealed, also appeared to be dancing the samba with yet another man). Was this allowed? Or was this an unlawful invasion of the privacy [Read more…] about European Court: Conviction of Gossip Magazine for Publication of Portrait of a Suspect in Violation of the Freedom of Speech.

Order to Remove Unlawful Publication from the Internet Includes Asking Search Engines to Empty their Cache

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rechtspraak1In an online publication, a woman and her husband have accused several institutions of doing nothing to stop the sexual abuse of her daughter and several grandchildren by her ex-husband. The couple was ordered in preliminary relief proceedings to remove the online publication from the Internet “to the extent that these articles cannot be retrieved anymore in any way whatsoever by any search request on the Internet”. The order carried a penalty of EUR 2,500 for each day of non-compliance, with [Read more…] about Order to Remove Unlawful Publication from the Internet Includes Asking Search Engines to Empty their Cache

European Court of Human Rights: Conviction Le Pen for Hate Speech was Justified – Dark Clouds Gathering over Dutch politician Wilders?

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couleursStatements Le Pen Resulted in a Conviction in France
In a recent judgment, the European Court of Human Rights (published only in the French language) has rejected a complaint of the politician of the Front National Jean-Marie Le Pen. Le Pen complained against his conviction for inciting hatred in France. His conviction was based on, amongst other things, the following statement: ‘The day there are no longer 5 million but 25 million Muslims in France, they will be in charge. And the French will press their backs against the wall, will step off the sidewalk with their eyes fixed on the ground. If they do not do so, they will be told: “Why are you looking at me. You wanna fight?” Then you’d better start running, before you’re beaten up.’  

Just like Dutch [Read more…] about European Court of Human Rights: Conviction Le Pen for Hate Speech was Justified – Dark Clouds Gathering over Dutch politician Wilders?

Eyeworks vs. FTD – Dutch Court rules that Facilitating Infringement by Providing Usenet Application Leads to a Direct Copyright Infringement

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eyeworks1FTD is a provider of a Usenet Application which allows people to spot posts on Usenet (to find content more easily). Dutch TV producer Eyeworks found out that through FTD’s application its film ‘A Woman Visits the Doctor’ [Komt een vrouw bij de dokter] could be downloaded via Usenet. Eyeworks claimed that by facilitating an infringement on its copyright, FTD actually infringed upon Eyeworks’s copyright itself.

In a groundbreaking ruling in summary proceedings, which is published here in English (the Dutch original can be found here), the court of The Hague in The Netherlands accepted Eyework’s claim. The court found that the relevant question is ‘whether the behavior of FTD allows users to download copyrighted files (in an easier manner) and that it thus makes such files in fact available to the public.’ The court concluded that FTD indeed infringed [Read more…] about Eyeworks vs. FTD – Dutch Court rules that Facilitating Infringement by Providing Usenet Application Leads to a Direct Copyright Infringement