Eweka and Usenetter must provide details of uploaders on Brain

Jun

23

2016

The court held in Haarlem which Eweka and Usenetter must provide data from two uploaders to Stichting Brein. The importance of brain weighs the judge outweighs the interest of the Usenet providers.

The statement was read that the uploaders that include operating under the name Diesel and Black, voluntary PayPal donations asked downloaders. They proposed to use the money for buying e-books, to ask that then available via newsgroups. After PayPal ended the relevant accounts, the uploaders requested the donation of book tokens. According to Brein have uploaded the two usenet users more than two thousand copyrighted books.

The court has decided that the Usenet providers have five days time to submit the payment information, IP addresses and “so far available ‘data to Brein. If they do not, then follows a penalty of 1,000 euros per day, which can be up to 100,000 euros. Eweka and Usenetter able to appeal, but it is not yet known whether the providers do.

Lawyer Benjamin Niemijer, who defended Usenetter, says the ruling disappointing. He tells Tweakers that he had hoped that the court would take greater account of the fact that the retention of user data goes against the ePrivacy Directive . The Usenet providers refused to hand over the data because those users are not customers anymore.

ISPs argued that they can not be compelled to release data they are entrusted actually unlawful. Because the uploaders not a client anymore, the data should be destroyed. Brain argues that the uploaders at the time of the request for information was still customer. The court Brein has demonstrated sufficiently that they are uploading the large-scale e-books. It is also established according to the judge that the uploaders are not stopped their activities after they are discovered by Brein, but their aliases have changed and have changed provider.

In light of the scale of the infringement and the evidence has provided Brein, the providers had claimed the judge must enter the first request of the foundation by voluntarily releasing the name and address details of the uploaders. “A self-respecting Usenet provider would be indeed not associated with such large-scale illegal act by accordingly provide the opportunity,” said the court.

If the providers transmit the data to Brein, the foundation can use it to initiate a civil lawsuit against the uploaders. Brain does not mean or that plans, writes the NIS. Brain affects regular settlements with uploaders since this year. By paying a sum to the foundation, they save themselves a trip to the court. As far as known Brein has no civil lawsuits are brought against individual uploaders. However, the foundation own words for 75,000 euros in settlements made with uploaders.

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