Search results : 499

On 20 September 2016, The Court of Appeal of Arnhem-Leeuwarden rejected the appeals of the author Robert Moszkowicz for copyright infringement of his autobiography. The Court stated there is no reasonable suspicion, or threat, of an infringement by the television drama “De Maatschap” of Dutch Mountain Film (DMF) and the Dutch broadcaster VPRO. While the drama series tells the story of the Meyer family, it is inspired by the life of the Moszkowicz family. According to Moszkowicz, the drama series is based on his autobiography, “De Straatvechter”. Moszkowicz started proceedings in the District Court...

On 12 August 2016, the Dutch data protection authority (Autoriteit Persoonsgegevens - AP) announced that a provider of interactive digital television, XS4ALL (a subsidiary of KPN), had ended a number of practices which violated the Dutch Data Protection Act (Wet bescherming persoonsgegevens - WBP) (for a previous decision, see IRIS 2015-7/25). The AP also published the conclusions of its investigation into the practices of XS4ALL’s digital interactive television in a 104-page report. The AP found that KPN and XS4ALL process data about the viewing behaviour of customers in a number of ways, including...

In May and June 2016, the General Chamber of the Flemish Media Regulator issued six decisions that relate to the provisions in the Flemish Media Decree on sponsorship. In five cases the Chamber concluded that an infringement had occurred (for previous decisions, see IRIS 2015-6/6). Four of those five cases concerned a violation of Article 2 (41) of the Flemish Media Decree which contains the definition of sponsorship (“every contribution by a public or private company, the authorities, or a natural person not engaged in providing broadcasting services or producing audiovisual or audio works, to...

On 8 September 2016, the Court of Justice of the European Union (CJEU) delivered its judgment in GS Media v. Sanoma Media Netherlands, on whether posting a hyperlink to a copyright-protected work freely available on another website, but without the copyright holder’s consent, is a “communication to the public” within the meaning of the Copyright Directive (2001/29/EC). The case arose when the publisher of Playboy magazine (Sanoma) brought a copyright action against a popular Dutch website GeenStijl.nl, over a November 2011 article entitled “Nude photos of … Dekker”. GeenStijl’s article had included...

The District Court of Rotterdam has ordered Google Inc. to remove two hyperlinks from its “.nl” and “.com” search engine that refer to a blog post about the applicant’s foreign conviction in 2012 for illegal possession of a weapon. The applicant worked as a lawyer outside the Netherlands in 2012 and 2013. In 2012 he was criminally convicted of illegal gun ownership and given a suspended prison sentence and community service. A local blogger wrote about the judgment, thereby disclosing the applicant’s name and picture. This blog post could be found on Google Search by entering the applicant’s name....