Dutch ISPs in anti-p2p action
p2pnet.net News:- Five major Dutch Internet providers have agreed to cooperate in with the Big Music cartel against illegal file sharing, saying they`ll send warnings to clients suspected of swapping copyrighted music, film and software files, according to the Associated Press.
If someone sends someone else a message they certainly didn`t ask for and certainly don`t want, is it spam? And since the perpetrator is known, is he/she/it prosecutable under some act or other?
Be that as it may, Brein boss Tim Kuik says he`ll use the letters to demand that downloaders pay for songs, and other material they have downloaded in the past, says the story, going on:
We’ll see what happens to them if they don’t pay,” and that he expects to, “eventually sue some users”.
Like its US counterpart, the RIAA (Recording Industry Association of America), Brein is a firm believer in the concept of tapping tax-payer funded national police and other forces in its efforts to keep the money flowing.
In Holland, it recently used the government agency assigned to the criminal pursuit of fiscal, financial and economical fraud to that end.
Dutch provider XS4ALL said it wouldn’t cooperate with the “Brain Institute” [Brein], says AP, quoting spokeswoman Judith van Erven as saying, “I guess they know where we stand” and that XS4ALL wasn’t an, “enforcement arm of the entertainment industry`.”
Interestingly, XS4ALL is suing the Dutch government for the cost of opening the XS4ALL network to police wiretap surveillance.
Something you think we should know? tips[at]p2pnet.net
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See:-
Associated Press – Dutch internet cracks down on file-sharing, March 14, 2005
that end – ED2K and Bittorrent raids, p2pnet, December 23, 2004
wiretap surveillance - Dutch ISP sues for wiretap costs, p2pnet, March 9, 2005
March 14th, 2005 at 8:45 pm
Associated press has a funny style. Actually BREIN totally lost this round.
The ISPs denied to give out their costumers. The court ruled that BREIN can’t force them to do it. (today)
The BREIN and the ISPs made the following deal:
The BREIN sends it’s fliers and papers to the ISPs. And they post it to the filesharers in the cost of brein.
The ISPs are happy becouse the BREIN stops bitching against them. The BREIN is happy becouse their stupid lies gets to the filesharers. And the filesharers are happy, becouse they throw the warnings to the trash and continue downloading without any chance of getting sued.
Actually filesharing today becamed “officially” tolerated in the Netherlands. It exists, but on paper nobody likes it (except for the ISPs and the filesharers whom are staying on a low-profile on this), but nobody can or will do anything against it.
The BREIN could file criminal lawsuits, but is is impossible I think, becouse the 2001/29/EC is not clear about filesharing and the Netherlands seems to be the most open in filesharing, so it is possible that this court could rule against the BREIN and the message would spread across in every EU country, whom has the same copyright law.
March 14th, 2005 at 9:34 pm
Hi:
If you’re there right now, could you please contact me at jon@p2pnet.net? I’ll be here for about another 1/2 hour.
Cheers! And thanks …
March 15th, 2005 at 10:18 am
Reporters will probably never learn the difference between donwloading and uploading.
The Brein action is all about uploading!!!
Downloading songs and movies for personal use is fully legal in The Netherlands as is many other country. Brein can’t do a thing against downloaders.
March 15th, 2005 at 12:03 pm
Hey Jon,
Its not Tim Kuik in that picture…there are almost no picture of the guy online.