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In his report of 13 March 1998, the Director-General of the Dutch Competition Authority (DCA) rendered his provisional opinion on the complaint of De Telegraaf (publisher of a vast number of newspapers and magazines) with respect to the refusal of both NOS (Dutch Broadcasting Foundation) and HMG (Dutch Media Group) to grant De Telegraaf a licence to publish their lists of television programmes in a weekly television guide. The Director-General considers this refusal to be a breach of the new Dutch Competition Act, which was introduced on 1 January 1998. This case resembles to a certain extent...

A draft Bill on Computer Criminality (Voorontwerp Wet Computercriminaliteit) has been proposed in order to amend Article 53 of the Dutch Criminal Code ( Wetboek van Strafrecht) which protects publishers from being held liable for the content of the published material in the case where they were unaware of the criminal character of the content in question or when they by no means could control it. This liability-exception should, according to the draft, also extend to Internet Service Providers and all other intermediaries (therefore also to broadcasters) functioning as outlets for expressions...

In the Netherlands three conflicts concerning the counterfeit of (board)games were settled in summary Battlefield, of his own travel-version proceedings. In the first case the plaintiff discovered an imitation, called of the well-known boardgame Stratego, available at a much lower price. Plaintiff claimed that the imitation infringed his copyright in the concept of the game and in its external appearance. The President of the District Court of Amsterdam determined that the concept of the game was sufficiently elaborated to attract copyright. Not only did the concept of the game consist of the (not...

On 24 November 1997, the Media Authority of The Netherlands (Commissariaat voor de Media) wrote a letter to the Holland Media Groep (HMG) that it will extend its monitoring activities for compliance with the Dutch Media Act, to the broadcasters of HMG (esp. RTL4 and RTL5). A similar letter was sent to radio broadcasters Sky Radio and Classic FM. This decision is based on the revised 'Television without Frontiers' Directive which stipulates that a broadcaster is deemed to be established in a Member State when it has its Head Office in this Member State and takes its editorial decisions in this...

On 24 September 1997, the District Court of Amsterdam decided in favour of three Dutch free-lance journalists in ruling that the unauthorised re-publication of articles on CD-ROM and via the World Wide Web amounts to copyright infringement. The Court held, in the first place, that electronic uses such as CD-ROM and Internet are restricted acts, which are subject to the authorization of the rights holders. Secondly, the Court rejected the argument put forward by the defendant, De Volkskrant (a major Dutch newspaper), that the journalists had tacitly granted permission for electronic usages, since...