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The Court of Appeal of the Hague has ruled that an on-line database set up by an organisation of real estate brokers and containing information on real estate property that is for sale, is not protected by the Databankenwet (Database Act). The Databankenwet, an implementation of the European Database Directive, requires a "substantial investment" to be made by the owner of the database. Considering that the database was created for the organisation's internal purposes prior to on-line publication, the Court judged that there had not been a substantial investment by the organisation. Therefore,...

A number of decisions on access for broadcasters to cable infrastructures have been taken recently in the Netherlands. The Onafhankelijke Post en Telecommunicatie Autoriteit (Independent Post and Telecommunications Authority - OPTA) has repeatedly decided that cable network operators should not be allowed simply to refuse cable access for certain channels. The case between broadcaster MCM and regional cable network operator CasTel concerned the latter's transmission and fees policies. MCM asked CasTel to carry its Muzzik channel. At the same time, MCM demanded that, if CasTel agreed to this request,...

The Chairman of the Administrative Division of the Council of State decided, in response to an appeal by the Holland Media Groep (Holland Media Group - HMG), that the programs of RTL and RTL5 are - for the time beingconsidered to come under the jurisdiction of Luxembourg and therefore may be transmitted in the Netherlands without a Dutch broadcasting licence. HMG, a commercial broadcasting corporation that broadcasts television programs for RTL4 and RTL5, first lodged an appeal to the Administrative Division against a decree of the District Court of Amsterdam on 7 September 2000, (case 98/3461,...

625 is a producer of a television show called Spookhuis (Haunted House) which is broadcast by Holland Media Group (HMG). With the help of a hidden camera the programme sheds some light on the way repairs in and around the house are carried out by professional repairmen. Through the programme HMG and 625 intend to expose fraud committed by the workmen. For Spookhuis 625 filmed the repair activities of both Luiten (electrical equipment repairman) and Schinkel (central heating serviceman). The film and the comments added afterwards suggested that Luiten and Schinkel did not carry out their work properly...

L. Hartog van Banda and M. Appelboom have been involved, as a writer and as a producer, respectively, in the making of two very popular children's series, Tita Tovenaar and De Berenboot (I and II). The series were broadcast on Dutch television in the seventies and eighties. Hartog van Banda holds the copyright in video and sound recordings that have been made of the series. Over the years the relationship between the two men deteriorated. Hartog van Banda now wants to enter into an agreement with Bridge BV and Kindernet (Bridge Limited Corporation and Children's Channel) to again broadcast the...