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Mp3search.nl ‘wasn’t defended’

p2p news / p2pnet: A judge who ruled Dutch web site Mp3search.nl illegally posted links to copyrighted files is tied to Brein, the Big Four Organized Music unit responsible for the site ending up in court, states The Register.

But Dutch lawyer Christiaan A Alberdingk Thijm, who defended Mp3search.nl against BREIN two years ago, said the impartiality of the court wasn’t his biggest concern, says the story, going on to quote him as saying:

"What bothers me more is that this case wasn’t defended at all. The ruling is inherently contradictory. While the court decided not to rule on the issue of copyright infringement by Mp3search.nl, it applied a statement of the WIPO copyright treaty to conclude that the site acted unlawful."

One of the judges, "is a member of Comité Executif de l’Association Littéraire et Artistique (an international agreement aimed at protecting literary and artistic copyright), whose Dutch subsidiary includes the managing director the Dutch Association of Phonogram and Videogram Producers (NVPI), who is behind anti-piracy organisation BREIN," says The Rehgister.

Another is a member of a Dutch fund which also supports professional musicians.

Last Friday, an appeals court in the Netherlands ruled that facilitating MP3 downloads through a search engine, even when those files are not hosted by the search engine itself, is in violation of Dutch law," says the story, adding:

"Every Dutch search engine that links to illegal MP3s is affected by the ruling."

Digg this story.

Also See:
The RegisterDutch MP3 ruling hit by conflict of interest claims, June 21, 2006
affected by the rulingZoekmp3.nl goes down, June 19, 2006


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One Response to “Mp3search.nl ‘wasn’t defended’”

  1. Reader's Write Says:

    This is a disaster of a case in terms of precedent – any response from google on this, surely their time in the house will be affected (sorry for the Big Brother reference but it seemed appropriate in more ways than one), can someone please represent them so they can appeal to the Dutch Supreme Court – you cant let this precedent stand it makes a mockery of the entire internet.

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