On 3 June 2010 the Advertising Code Committee (“RCC”) allowed a complaint from environmental organization Greenpeace about an advertising campaign of the oil company Trafigura. The RCC ruled that Trafigura had violated the rules of the Dutch Advertising Code in this advertising campaign, which concerned the Probo Koala affair. In half-page-sized advertisements about the Probo Koala affair, [Read more…] about Advertising Code Committee: Advertising Campaign Trafigura on Probo Koala Affair Misleading
Archive
Amsterdam Court of Appeal: sound producers do not have neighbouring rights
Judgment of the Court of Appeal of Amsterdam of 4 May 2010 (Koelewijn c.s./SENA)
The Neighbouring Rights Act (NRA) inter alia grants rights to performing artists and phonogram producers (for instance record companies) with regard to the exploitation – in brief: publication and reproduction – of their performances and phonograms, respectively (read: the first recording of sounds/music). With regard to a publication of a phonogram that has been released for commercial purposes, or a reproduction thereof, for instance playing a Madonna CD [Read more…] about Amsterdam Court of Appeal: sound producers do not have neighbouring rights
GeenStijl vs Nijmegen City Newspaper: copying of interview allowed on the basis of journalistic exception
In 2008, alderman Van Hooft of Nijmegen was interviewed by a journalist. In this interview the notorious interview between GeenStijl reporter Rutger van Castricum and former Minister Ella Vogelaar was discussed, among other things. The alderman’s opinion on this interview was: “Her relation with the press was difficult. I would’ve just kicked the son of a bitch of GeenStijl in the ass”. The interview with the alderman was subsequently published in the Nijmeegse Stadskrant (Nijmegen City Newspaper).
As a result of this article, GeenStijl published [Read more…] about GeenStijl vs Nijmegen City Newspaper: copying of interview allowed on the basis of journalistic exception
Gondola Affair – Municipal Councillor May Accuse Former Alderman of Corruption
Municipal councillor Stoelinga of the city of Delft (formerly Leefbaar Delft, currently Onafhankelijk Delft) accused former alderman Baljé of the political party VVD of corruption as a result of incriminating video and sound recordings from 2004 and 2005 of the alderman having several telephone conversations. In total there are approximately four hours of video recordings. A clip of the images is published online here. Baljé summoned Stoelinga, Leefbaar Delft and the person who had made the recordings to appear in court and claimed substantial damages.
Freedom of Expression in the Political Debate
The Court of Appeal rendered its judgment in the proceedings on the merits on 16 March 2010. The Court of Appeal gave way to the freedom of speech [Read more…] about Gondola Affair – Municipal Councillor May Accuse Former Alderman of Corruption
Dutch Newspaper De Volkskrant Can Keep Negative Articles in Internet Archive
In a judgment of 31 March 2010 the Court of Amsterdam ruled that de Volkskrant need not delete articles about Eric Luzac, the founder of the Luzac schools, from the Internet or from its archive. In the period 2002-2005 de Volkskrant had published a number of critical articles about malpractices in companies in which Luzac was involved. Through the companies, nurses from the Philippines were recruited for work in the Netherlands.
Luzac had initiated proceedings on the merits against de Volkskrant because in his view the publications were still causing him problems. Luzac had not argued that the articles themselves were unlawful, but [Read more…] about Dutch Newspaper De Volkskrant Can Keep Negative Articles in Internet Archive
European data protection supervisor EDPS wants standard refusal of cookies
The European Data Protection Supervisor (EDPS) is of the opinion that web browser should have the standard setting not to accept third party cookies. This follows from an opinion in which the EDPS advised the European Commission on the new privacy regulations regarding cookies.
The revised e-Privacy Directive stipulates with respect to the installation of a cookie that the permission of the user is required, after he [Read more…] about European data protection supervisor EDPS wants standard refusal of cookies
New rules for ‘cookies’
In the end of 2009 the European Parliament adopted the telecom reform package containing an amendment of the rules on the use of cookies. It is expected that these amendments will be transposed into Dutch legislation in April 2011. The amendments include an adaptaion of the regulation of cookies. The question is what the amended e-Privacy Directive will change in this respect. The new Article 5 (3) stipulates with respect to the installation [Read more…] about New rules for ‘cookies’
Price history published by Miljoenhuizen.nl does not qualify as personal data
Media Report reported earlier (in Dutch) about the consideration of the Rotterdam Court, which has ruled that information regarding the price history of a house cannot be regarded as personal data. This article provides a more extensive analysis of the ruling.
These days, houses for sale are not only put up in the shop window of real estate agents, but also on the Internet. Online advertisements on real estate websites [Read more…] about Price history published by Miljoenhuizen.nl does not qualify as personal data
A Few Kilos of Complaints
In various TV broadcasts Vara’s program ‘Kassa’ gave attention to the large number of complaints that the Consumer Authority and the Ombudsman had received about telecom company Pretium. In the broadcast Kassa handed over a ‘few kilos of complaints’ to the State Secretary, but did not provide Pretium with a copy of these complaints. However, in the studio Pretium was given the opportunity to give a reaction, but Pretium decided not to.
As a result of the broadcasts Pretium initiated preliminary relief proceedings against the Vara. Pretium won the proceedings on most points. Partly because prior to the broadcast the Vara had not reported the fact that [Read more…] about A Few Kilos of Complaints
MyP2P Ruling – Embedded Link Infringes Copyright
Ordinary Hyperlink Does Not Infringe Copyright
Does it infringe copyright to offer a hyperlink to the copyright-protected material of a third party? Previous judgments have shown that this is unlikely; hyperlinking does not qualify as a communication to the public, but rather as a sort of footnote. In a judgment of 12 January 2010 the Court of Appeal of Den Bosch has now clearly established (in ground 4.98) that hyperlinking indeed does not constitute copyright infringement.
Embedded Link Does Infringe Copyright
Apparently the Court of Appeal was in an energetic mood, because although the case was not about embedding, it continued to discuss the question whether embedding is also allowed (ground 4.99). The Court [Read more…] about MyP2P Ruling – Embedded Link Infringes Copyright



