To BREIN’s detriment, the Utrecht District Court is refusing to enforce its client’s ISP Ziggo, which illegally published e-books.
The Utrecht District Court recently ruled that the Dutch Internet provider Ziggo one of his customers who 47 e-books about has made his own Ziggo IP address accessible, does not have to send a warning from BREIN. Also, the ISP is not forced to reveal its name and address to the antipiracy organization.
Ziggo refuses to put pressure on customers for BREIN
BREIN regularly encounters customers of Internet service providers who make e-books, films or music publicly available without the permission of the rights holders. In this case, it was a Ziggo customer who had more than 200 published popular e-books online. The pirate hunters asked Ziggo to send a warning to their customers. Alternatively, they wanted to know the name of the online pirate so that BREIN could contact the person directly, but the customer refused. Contrary to what the plaintiff claims, according to the court ruling it is not certain that the IP address owner himself violated any copyrights.
The court dismissed the action as part of the preliminary legal protection and referred to a recent one Judgment Finding BREIN’s Claim Unlawful. In addition, on June 9, the court ruled that forwarding a warning letter violates the General Data Protection Regulation (AVG) as long as Ziggo is not licensed to do so. Ziggo would therefore have to apply for permission from the Dutch Data Protection Authority to forward the data. BREIN has appealed this decision and will appeal this decision as well.
Dutch ISPs used to be cooperative
In the past, ISPs like Ziggo or KPN, for example, sent warnings from third parties to infringing customers. BREIN is convinced that this is also a reasonable and proportionate measure that invades the privacy of ISP customers the least.
It is therefore incomprehensible for the antipiracy organization that Ziggo does not want to cooperate voluntarily. Since the interests of the rights holders will be disproportionately harmed, BREIN has brought this lawsuit. But so far without success. The press release from the District Court of Utrecht can be viewed here.
BREIN will appeal both verdicts
BREIN director Tim Kuik comments on his legal defeat as follows:
“It must be possible to fight violations. The forwarding of warnings is the least drastic type of enforcement. With this refusal, the District Court of Utrecht is really on the wrong track. This decision is fundamentally wrong. The refusal to hand over the letter or transmit the data (NAW) is also wrong and contradicts established case law. BREIN is optimistic about the appointment.
This preliminary legal action is the second civil action in six months between the plaintiff and Ziggo. In January, the two parties faced each other in court. The transmission of reminder letters was also the focus of these preliminary legal protection proceedings. At that time they wanted to get the ISP to send a warning letter to a customer. In this case, the customer is said to have carried out illegal downloads and uploads via BitTorrent.
At that time, Ziggo also referred to the contradiction to the data protection regulations and refused to send the letter for BREIN. The court then decided by means of an injunction that Ziggo actually does not have to send these letters because this is not permitted under the AVG.
4892About Lars Sobiraj7524
Lars Sobiraj started in 2000 to work as a career changer for various computer magazines. 2000 numerous other online magazines were added in addition to gulli.com. He is the founder of Tarnkappe.info. In addition, Ghandy, as he calls himself in the scene, since 2014 at various universities and training institutions attendees on how the Internet works.