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Jens van den Brink

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

10 June 2010 door Jens van den Brink

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

Filed Under: Uncategorized Tagged With: copyright infringement, Eyeworks, facilitating infringement, FTD, making available to the public, Newzbin, usenet

MyP2P Ruling – Embedded Link Infringes Copyright

16 February 2010 door Jens van den Brink

myp2p-logo

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

Filed Under: Press Law

State Secretary Forced to Rectify Remark in Dutch TV Show

18 January 2010 door Jens van den Brink

de-staatssecretaris2Introduction
State Secretary of Finance De Jager has been ordered to rectify a remark he made in a broadcast of the TV show De Wereld Draait Door on 5 November 2009 on the front page of four national newspapers. This follows from a recently published judgment of 20 November 2009 of the Court of The Hague in preliminary relief proceedings.

Tax evaders
At the end of October, beginning of November 2009 it was made public that the Dutch tax authorities had concluded an agreement with [Read more…] about State Secretary Forced to Rectify Remark in Dutch TV Show

Filed Under: Press Law

ECHR Féret vs. Belgium – Ban on Discrimination vs. Freedom of Speech 1- 0?

18 August 2009 door Jens van den Brink

Logo Front National de BelgiqueA discussion of the judgment of the European Court of Human Rights in the matter Féret vs. Belgium dated 16 July 2009

Statements FN Politician Féret

Last week the European Court of Human Rights in Strasbourg (“ECHR”) rendered a judgment (link for the French speakers among us) in proceedings instituted by the Belgian politician Féret against Belgium. As the then chairman of the Belgian Front National, Féret grumbled at immigrants and asylum seekers. In pamphlets he had, among other things, called for a “Belgians and Europeans first” policy for the distribution of work. Immigrants should go back to where they [Read more…] about ECHR Féret vs. Belgium – Ban on Discrimination vs. Freedom of Speech 1- 0?

Filed Under: Press Law

Indonesian Supreme Court reverses ruling on 77 million euro claim of Suharto against Time Magazine

19 April 2009 door Jens van den Brink

General SuhartoOn 16 April the Indonesian Supreme Court reversed its earlier verdict of 30 August 2007 in which Time Magazine (Asia) was ordered to pay Indonesia’s former dictator Suharto damages in the amount of 77 million euro. Suharto considered an article devoted to him to be a libelous. Kennedy Van der Laan was involved on behalf of Dow Jones, the New York Times and several other media companies in drafting an “amicus letter” in the [Read more…] about Indonesian Supreme Court reverses ruling on 77 million euro claim of Suharto against Time Magazine

Filed Under: Press Law

ECHR Verdict Against Right of Non-Disclosure of Dutch Magazine

17 April 2009 door Jens van den Brink

A discussion of the judgment of the European Court of Human Rights in the matter Sanoma vs. the Netherlands dated 31 March 2009

Street Races in Hoorn

On 31 March 2009 the European Court of Human Rights rendered a judgment in the case of Sanoma versus the Netherlands. The Sanoma weekly Autoweek had photographs of a street race of January 2002 in Hoorn in its possession. Before the journalists were allowed to take photographs, they had to [Read more…] about ECHR Verdict Against Right of Non-Disclosure of Dutch Magazine

Filed Under: Press Law

ISP Not Obliged to Remove Accusation Against Government in Absence of a Court Verdict

7 June 2008 door Jens van den Brink

discussion of the judgment of the State v. IS Interned of the Court of Haarlem in preliminary relief proceedings dated 14 May 2008

Background

A-Group is a dealer in second-hand cars. One of its partners – “X” – is an asylum seeker from Africa who has exhausted all legal means. [Read more…] about ISP Not Obliged to Remove Accusation Against Government in Absence of a Court Verdict

Filed Under: Press Law

Dutch Blogger Can Invoke Freedom of the Press

7 February 2008 door Jens van den Brink

A discussion of the Van Gasteren / Hemelrijk judgment of the Dutch Supreme Court dated 18 January 2008

Background

On 24 May 1943 movie maker Van Gasteren killed Walter Oettinger, the Jewish person who had been hiding in his house in Amsterdam since 19 May 1943. In 1944 Van Gasteren was sentenced to a term of four years’ imprisonment for manslaughter. After the war Van Gasteren was granted [Read more…] about Dutch Blogger Can Invoke Freedom of the Press

Filed Under: Press Law

Back to Newsletter January 2008 The Case of Suharto Against Time Magazine Asia

7 January 2008 door Jens van den Brink

In Indonesia former dictator Suharto has pressed charges against Time Magazine. Suharto considered an article devoted to him to be a libelous. The Indonesian Supreme Court has ordered Time Magazine to pay damages in the amount of 77 million euro. Kennedy Van der Laan is involved [Read more…] about Back to Newsletter January 2008 The Case of Suharto Against Time Magazine Asia

Filed Under: Press Law

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Jens van den Brink

Tel: +31 20 5506 843
E-mail: jens.van.den.brink@kvdl.com
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