The Netherlands is immediately prohibited by copyright laws to download from illegal sources, for example via torrent sites and newsgroups. Protected material This enables the government in response to a ruling by the European Court.
Earlier on Thursday, the European Court of Justice ruled that the Netherlands should not allow. Downloading copyrighted material from illegal sources This is basically a download ban introduced that applies immediately, according to the government. “That means that downloading from illegal sources is immediately banned,” said spokesman Wiebe Alkema of the Ministry of Security and Justice.
The law does not need to be modified to introduce a download. Ban There is currently no official law that downloading copyrighted material from illegal sources allows: the government and Dutch courts were just believe that copyright law can be interpreted that way. The European Court has now determined that it can not. The European Court is above the national courts, and so has the ruling Thursday more weight.
Downloaders do not run the risk of persecution: it is according to the government is not a criminal but a civil prohibition. This means that private organizations like Brein downloaders tackle. In a written response Brein states that his arrows, despite the download ban on ‘illegal traders’ focus remains; that policy remains unchanged. according to the organization
The Court ruled in a lawsuit filed by Sony, Philips and several other electronics manufacturers and stores were tightened. The case was about the height of the private copying levy. This is the question of whether downloading from illegal sources is justified, important because the amount of the charge therewith is based. The government is still looking at the implications of the case for the private copying levy has.
According to the EU court may allow “illegal downloading” promote copyright infringement and can not be tolerated. Netherlands suggested that the download of such material is the same as copying a CD or DVD, but that is the European Court does not it. Simultaneously, the EU court acknowledges that a ban is impossible to enforce.
Civil rights organization Bits of Freedom calls the download ban ‘undesirable’. According to Tim Toornvliet organization ban opens the door for ‘unwanted blockages, filters and restrictions on freedom of expression. “ “Moreover, you will quickly turn to measures that a privacy breach,” said Toornvliet.
In the past, the government has proposed a ban on downloading multiple times, but due to protests from citizens, it never came. The end of 2012 showed ruling party PvdA hinted not want to exclude a download ban, but later the party called a download ban was ‘taboo’. The private copying levy also applies to hard drives, smartphones, tablets and PCs since last year.