The Netherlands has prolonged been a relaive risk-free haven for pirating customers.
Downloading movies with no permission, regardless of the source, was not punishable by law according to Authorities officials.
This finally modified in 2014 when the European Courtroom of Justice spoke out from the tolerant stance.
As a consequence, the Dutch Government swiftly outlawed unauthorized downloading. Having said that, breaking the behavior of a big area of the population proved complicated and until finally this day, community piracy fees have remained substantial.
In 2015, this prompted Dutch filmmakers’ affiliation SEKAM to maintain the Government responsible, demanding payment for the piracy losses they experienced. This week, Court docket of The Hague dominated on the subject, partially agreeing with the filmmakers.
In its verdict, the Court reviewed statements designed by quite a few Federal government officials manufactured prior to the downloading ban, such as individuals from former State Secretary for Stability and Justice Fred Teeven.
In these statements, the Authorities designed it apparent that downloading pirated content material was allowed, something that runs contrary to EU legislation. The Court docket specially highlights a push release from 2011 in which this was created evident.
Seeking forward at future coverage, the press launch famous that “downloading of copyright-protected functions from evidently illegal sources will turn into unlawful, but not punishable.”
This plainly indicates that it was wonderful until finally then, according to the Court docket.
“The unmistakable concept that is despatched is that, at that instant, downloading from unlawful sources in the Netherlands is certainly permitted,” the Court writes in its verdict.
This is significantly problematic since these and other statements have been created in the community area with the purpose to advise the community.
“Based on this concept, expressed by the accountable Authorities formal in the community area and in the media, there will have been downloaders who assumed that downloading from illegal resources was permitted, while this was frequently recognized to be forbidden in other EU member states,” the verdict reads.
As a consequence, the Federal government is liable for the statements, which opens the doorway to a damages declare.
While the Court docket sides with the filmmakers on this problem, Tweakers highlights that the Court doesn’t rule on irrespective of whether the Authorities can also be held accountable for its deficiency of enforcement immediately after the down load ban in 2014. That would have to be established in a civil scenario.
The filmmakers’ firm Sekam sees the verdict as a “strong signal,” NOS experiences. The group now options to enter into negotiations with the Authorities about doable compensation.
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Written by David Minister
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