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IRIS 2006-4:1/31 [NL] Dutch Court Upholds Creative Commons License

On 9 March 2006, the District Court of Amsterdam, judging in summary proceedings, rendered a decision involving the validity of a Creative Commons (CC) license, a first in the Netherlands. Local media celebrity, Adam Curry, had published photos of his family on a website (www.flickr.com) under a Creative Commons Attribution-Noncommercial-Sharealike license. The photos also carried the notice `This photo is public'. The Dutch weekly `Weekend', a gossip magazine, had reproduced four photos in a coverage of the celebrity's children without seeking his prior consent. Curry sued `Weekend' for copyright...

IRIS 2006-3:1/32 [NL] Minister of Justice Orders Financial Transparency on the Use of Money Collected by Private Copy Foundation

On 31 January 2006, the Minister of Justice ordered the Stichting de Thuiskopie (Private Copy Foundation - STK), to improve its financial administration and transparency if it is to maintain its responsibilities. The Foundation owes its existence to a provision in the Dutch Copyright Act and fulfils the role of collecting the money that must be paid for private copying and distributing it to rightsholders organisations. The latter oversee the final distribution to the individual rightsholders. Because of persistent disagreement between these organisations, relating to financial matters, as well...

IRIS 2006-3:1/31 [NL] Government Stimulates Production of Videoclips

On 1 February 2006, the Secretary of State for Culture, Medy van der Laan, announced that in the next three years an amount of EUR 600,000 will be made available for the production of videoclips. This initiative is part of the action programme “Culture and Economy”, which is meant to stimulate the creative industry with direct funding and by reducing existing obstacles. One of these obstacles is the gap between the creative sector and other sectors. Because of this gap the creative sector has almost no access to private funding and there exists a lack of entrepreneurial spirit. As a result, the...

IRIS 2006-3:1/30 [NL] Satellite Broadcasts Disseminating Hatred Blocked

On 26 January 2006, the Minister of Justice announced to the Dutch Parliament that all broadcasts emanating from the Lebanese channel Al Manar and of the Iraqi Sahar TV1 will be blocked. A spokesman for the Nationaal Coördinator Terrorismebestrijding (National Coordinator on the Fight against Terrorism) confirmed a study conducted on the matter warrants this decision as it would seem these channels disseminate hate speech. The Commissariaat voor de Media (Dutch Media Authority) also listed Islamic satellite broadcasts that can be received in the Netherlands and concluded that there are serious...

IRIS 2006-2:1/31 [NL] Internet Service Provider Ordered to Reveal Personal Data of Website Holder

On November 25 2005, the Dutch Supreme Court delivered its judgment in the dispute between the Internet Service Provider (ISP) Lycos and Pessers. Pessers sells stamps using the website www.ebay.com. On a website carrying the title "Stop the fraud", which is hosted by Lycos, Pessers is called a swindler. Pessers’ attempt to contact the holder of the insulting website through an address mentioned on its webpage failed, but he also contacted Lycos requesting the website be removed and the name and address of its holder revealed. Lycos refused to provide those details. Pessers argued that Lycos should...