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Court allows ruling in Case against Brain usenet provider again
The Amsterdam Court, the decision in the case of copyright organization BREIN and Usenet provider News Service Europe again. The judge wants to see further evidence of the copyright organization.
In the so-called interim judgment the judge asks, among other things Brein in the coming month and a half to deliver the quantity of material in Europe News Service that would make copyright infringement. Evidence That says Brain frontman Tim Kuik against Tweakers. The interlocutory judgment itself is not yet publicly available.
However, Daphne van der Kroft of Brandeis Bureau, which assists News Service Europe, sees the ruling already an important clue to the final judgment. “The Court says that the measures which the court has imposed go too far, and that the News Service Europe sees as a neutral intermediary. Consequently commits NSE no wrongful act by being usenet provider though it may well be that they have a proper notice and takedown procedure should be able to remove copyright protected material. This will let the court decide. ”
After Brein has submitted new evidence the usenet provider gets six weeks to respond. Only then does the court, a final decision in the case. The case is mainly about whether a usenet provider may be liable for copyright infringements users do. Liable
The ruling follows after years of legal conflict. Plays the case since 2009 and since the late 2011’s News Service Europe from the air after Brain won the lawsuit. News Service Europe, the case is now submitted to the court. Both parties may, after the final judgment of the court are appealed to the Supreme Court.
Update, 12:10: Approach of Europe News Service added. The verdict is still not available.
Update 2, 13:37: Meanwhile the statement available, showing that the court has indeed given an opinion on core issues. Tweakers is based on the ruling, a new article published .Viewing:-156
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