Dutch ISP’s are rethinking collaboration with BREIN
Written by Ernesto on August 14, 2006The Dutch ISP XS4all stated that they are willing to work with the anti-piracy organization BREIN in their “war on piracy”. At the same time, another ISP (UPC) said they were planning to release the names and addresses of some of the heavy “illegal filesharers” to BREIN.
Interestingly, last month the Dutch court ruled that ISP’s [...]
The Dutch ISP XS4all stated that they are willing to work with the anti-piracy organization BREIN in their “war on piracy”. At the same time, another ISP (UPC) said they were planning to release the names and addresses of some of the heavy “illegal filesharers” to BREIN.
Interestingly, last month the Dutch court ruled that ISP’s could not be forced to hand over customer info to BREIN. However, it seems that at least some ISP’s in the Netherlands are considering to negotiate a structural solution with BREIN.
XS4all CEO Simon Hania said that it would be a good thing to have a clear procedure that all ISP’s have to live up to. Hania is willing to talk, but also opting for an independent organization, to handle the complains, not one who’s representing the movie and music industry.
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8 Responses
It is likely that you meant uploaders instead off downloaders, downloading is not illegal in the netherlands. (thank god…) and even the uploading part is debatable due to vague laws etc.
heh, I was just about to edit the phrase
Filesharers might be more appropriate here
I’m aware that downloading is legal in the Netherlands (except software btw)
Anyway, if you’re using bittorrent is wont make a difference.. ;)
I hope to see discussions about this. BREIN’s view on downloading is simply wrong. Although it is true bittorrent makes any user an uploader, most people won’t upload the whole file but just the small packets, so where does the law fit in? It’s not a true file-upload but a broken one. And a broken upload is not playable, is not the real thing and is not a copy. It’s just a bunch of ‘broken’ bits :)
could someone from netherlands answer this queastion for me if a ip address is protected by your privacy laws and the upc isp gives the personal infomation to anyone other than a law enforcent agency like brein woud that open up upc to all kinds of lawsuits?
first of all, BREIN is not a law enforcement agency. They don’t have any form of legal power. The only thing BREIN can do is ask the judge to force UPC to give them personal info (just like everyone else in the netherlands).
So it is strange that UPC takes this action, and it opens up possibilities for UPC customers to start their own lawsuit in order to protect their privacy.
UPC should keep personal info cinfidential, unless a judge decides otherwise…
The publishing of private information to a third party is in violation of multiple laws.
Its easy enough for them to get around though – you have to sign some sort of agreement with them, all they have to do is include in that that they have the right to forward your details on to whomever they want to… I would think noone would want to sign up with them though (even now people are likely to be leaving in droves)
What are possible penalties for illegal downloading of software in the Netherlands? Have there been many cases than individual persons had to pay fines for illegal down/up loading?
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