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In ACI c.s. v. Stichting de Thuiskopie & SONT, the second judgment issued by the Court of Appeals of The Hague district (Court of Appeals) regarding the private use exception under Dutch Copyright law, on 15 November 2010 (see IRIS 2011-1/41), the Court ruled on the appeal by ACI c.s. on the judgment of the District Court of The Hague. This is another judgment in a series of cases involving the Stichting de Thuiskopie (Foundation for the Private Copy) (e.g., see IRIS 2005-9/30). The action was brought by ACI c.s. and questions the preconditions and criteria that are applicable in calculating the...

On 15 November 2010 the Court of Appeals of the district of The Hague (Court of Appeals) issued judgments in two separate cases regarding the private use exception under Dutch Copyright law (see also IRIS 2011-1/42). In FTD BV v. Eyeworks Film & TV Drama BV, the Court of Appeals ruled on the appeal by FTD BV against a judgment in preliminary proceedings (see IRIS 2010-7/30). The Court of Appeals ruled that FTD did not infringe the copyright of Eyeworks because their platform does not make copyrighted material available to the public. The FTD application did not contain any signal that referred...

On 31 March 2009 the Chamber of the Third Section of the European Court of Human Rights (ECtHR) delivered a highly controversial judgment in the case of Sanoma Uitgevers B.V. v. the Netherlands. In a 4/3 decision, the Court was of the opinion that the order to hand over a CD-ROM with photographs in the possession of the editor-in-chief of a weekly magazine claiming protection of journalistic sources did not amount to a violation of Article 10 of the European Convention of Human Rights. The finding and motivation of the majority of the Chamber was not only strongly disapproved of in the world of...

On 31 May 2010 the Court of The Hague decided that two cable television companies, Ziggo and UPC, cannot be obliged to resell their products to alternative providers, as this might breach their contractual obligations. The Dutch Telecom Regulator (OPTA) wanted to stimulate market competition by allowing alternative providers to offer packages (internet, telephony and television) by way of reselling television signals offered by Ziggo and UPC. These plans are now thwarted. Last year, OPTA imposed a ‘wholesale line rental - cable’ obligation on Ziggo and UPC. OPTA wanted to oblige the two companies...

On 16 June 2010, the Amsterdam District Court ordered the three operators of The Pirate Bay to stop all their activities in the Netherlands and make their websites inaccessible for users in the country, under penalty of EUR 50,000 per day, the maximum possible fine being EUR 500,000. The Amsterdam District Court hereby confirms in the proceedings on the merits its earlier decision in summary proceedings that the Bescherming Rechten Entertainment Industrie Nederland (Entertainment Industry Rights Protection Netherlands - BREIN), the Dutch rightsholders representative, had initiated against the three...