Court doubts the importance Brein has in case against Usenet provider NSE

Mar

9

2016

There is still no decision in the appeal case between Stichting Brein and Usenet provider NSE. In a second interim judgment the Court of Appeal Amsterdam doubts the importance that Brein has a further decision as NSE has not indicated if usenet provider to operate.

News-Service Europe Tuesday was the decision in the case Brain vs. NSE , or News-Service Europe, expecting instead the Amsterdam court came back with an interlocutory judgment . According to the Court requires a personal appearance, which should give the parties on how they want to litigate further.

The first interim judgment in 2014 the Court of Appeal to both parties asked what measures could be taken to put an end to the provision of infringing material by NSE. That previous statement was in any event clear that stopping a commandment fully with the making available of copyrighted works can not be imposed, because it amounts to a requirement to filter all Usenet messages. This is not allowed.

Brain logo (sharper) An effective notice and takedown procedure, according to the court or an appropriate measure. According to Brein, this is not sufficient due to the time it takes this. According to the foundation new movies or episodes of television series are usually put within an hour after release on usenet, and users download it directly, for example with software that automatically searches for desired content. Brain wants to introduce a word filter with the aid of the software Clean Feed that NSE already used against spam.

NSE argues that a word filter technology would not be feasible and easily circumvented. NSE does point to the possibility of concluding repeat infringers. The court believes that should clarify their positions both brain and NSE.

More generally, NSE that Brein has no further interest in the imposition of additional measures as the company stops it completely. In 2011 saw NSE stop forced as a provider of Usenet services by the court ruling. The company had to remove all copyrighted content and prevent being uploaded again, something that was impossible to carry on his operations, NSE argued.

At the present appeal case News-Service Europe did not have the technical and financial resources to catch up in the market caused by the cessation of its activities. Brein claims that is not certain that NSE will not resume services.

If Brein remain for a further hearing following which the parties its position should take an expert to answer the questions of the court. Both Brain and NSE themselves must bear the costs, the court late already hinted.

News-Service.com started in 1998 and became one of the major usenet providers for businesses, including Caiway, Usenext and Binserve as resellers. The case between NSE and Brain began in 2009, when the anti-piracy foundation started a test case against the usenet provider.

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