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From: ruby <ruby@tuesday.com>
Newsgroups: alt.binaries.multimedia.erotica.lesbians
Subject: Copy of post to abe - might have to restrict my posting
Date: Mon, 12 Jun 2017 21:50:20 +0100
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This was posted in relation to the disappearance of robo@Cock:
"Usenet Provider is Obliged to Identify Pirates, Court Rules
BY ERNESTO ON JUNE 9, 2017 C: 36
BREAKING
Usenet provider Eweka has lost another court battle with Dutch
anti-piracy group BREIN. The service provider must identify a former
customer who's accused of uploading copyright-infringing material.
According to the court, the provider is obliged to do the same in
future cases, without a court order.
Dutch anti-piracy group BREIN has targeted pirates of all shapes and
sizes over the past several years.
infringers on Usenet, which still has millions of frequent users.
BREIN sets its aim on prolific uploaders and other large-scale
copyright infringers. After identifying its targets, it asks providers
to reveal the personal details connected to the account.
Last December, BREIN asked Usenet provider Eweka to hand over the
personal details of one of its former customers but the provider
refused to cooperate voluntarily.
intermediary that would rather not perform the role of piracy police.
Instead, it preferred to rely on the court to make a decision.
The provider had already taken a similar position earlier last year,
but the Court of Haarlem ruled that it must hand over the information.
In a new ruling this week, the Court issued a similar order.
The Court stressed that in these type of situations the Usenet
provider is required to hand over the requested details, without
intervention from the court. This is in line with case law.
Under Dutch law, ISPs can be obliged to hand over the personal details
of their customers if the infringing activity is plausible and the
aggrieved party has a legitimate interest.
previously uploaded 9,538 allegedly infringing works to Usenet,
Tweakers reports. He was tracked down through information from the
headers of the binaries he posted.
BREIN is pleased with the verdict, which once again strengthens its
position in cases where third-party providers hold information on
infringing customers.
director Tim Kuik responds.
stopping uploaders and holding them liable as soon as possible. This
The court ordered Eweka to pay legal fees of roughly 1,500 euros. In
addition, the provider faces a penalty of 1,000 euros per day, to a
maximum of 100,000 euros, if it fails to hand over the requested
information in its possession.
rulings in favor of BREIN, it is unlikely that the provider will
continue to fight similar cases in the future."
Ruby
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