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On 29 September 2009, the Gerechtshof Amsterdam (Amsterdam Court of Appeal) finalised its interlocutory judgment of 24 February 2009. The court found a regulatory clause prohibiting the placement of satellite dishes on vacation homes to be unfair and unreasonable under Dutch private law. The final judgment came after a separate hearing with the parties. In that hearing, the parties were given the opportunity to give their opinions on the question of whether in this case the internet could function as a satisfactory alternative to satellite dishes. The case involved a dispute between a company that...

On 19 December 2009 the implementation of Audiovisual Media Services Directive (AVMSD) in the Media Act and the Tobacco Act was made official in the Netherlands. The bill for this implementing act was accepted by the Tweede Kamer, the lower chamber of the Dutch Parliament, on 30 June 2009 and by the Eerste Kamer, the first chamber of the Dutch Parliament, on 8 December 2009. The AVMSD, the successor to the Television without Frontiers Directive, introduced the term ‘audiovisual media service’ as its central concept. The goal of the Directive was to create a modern (technically neutral) and harmonised...

The European Commission has approved the tariffs suggested by the Dutch Telecom Regulator Onafhankelijke Post en Telecommunicatie Autoriteit (Independent Post and Telecommunications Authority - OPTA). Two Dutch cable operators, UPC and Ziggo, are now obliged to charge other providers a fixed price, set by OPTA, for their products. These alternative providers can then resell the acquired analogue radio and TV signals to their customers. On 19 August 2008, OPTA held a national consultation on its plans for opening up cable networks in the Netherlands. OPTA intended to encourage lower price levels...

The Dutch Copyright Act (‘Auteurswet’) is the guardian of the cultural heritage in the Netherlands. The Act grants protection to the creators of literary, scientific, artistic and many more types of work. In 1803, under the so-called ‘Book Act’ (‘Boekenwet’), publishers were protected against the reproduction of their books and music by other publishers. During the period when the Netherlands formed part of the French empire (1810-1813), the subject of protection changed in accordance with French law and copyright became a right of the author. The first Dutch Copyright Act dates back to 1817. Under...

On 22 October 2009, the Amsterdam District Court ordered The Pirate Bay to remove a list of torrents that link to copyright-protected works in the Netherlands and to make these torrents on its websites inaccessible for Internet users in the Netherlands, on penalty of EUR 5,000 per day, the maximum possible fine being EUR 3,000,000. The court annulled the default judgment it had issued on 30 July 2009 in the summary proceedings brought against The Pirate Bay by the Bescherming Rechten Entertainment Industrie Nederland (Protection Rights Entertainment Industry Netherlands - BREIN), the Dutch rightsholders’...