Netherlands should not allow downloading from illegal sources. That the European Court ruled in a lawsuit over the height of the private copying levy, which was filed. By electronics stores and manufacturers
According to the Court may be taken to download illegally. account when calculating the amount of the private copying levy “That basically means that a download ban should be maintained,” said a spokesman for the European Court opposite Tweakers. Same time, the Court recognizes that a download ban is not technically maintain.
Netherlands suggests that the download of such material is the same as copying a CD or DVD, but that is the European Court does not it. According to the Court, a law that “makes no distinction between copies from legitimate sources and copies of falsified sources’ can not be tolerated because such legislation can promote copyright infringement.
The Court ruled in a case brought by various electronics stores and manufacturers, including Sony and Philips. Who feel that they are paying too much private copying levy. Whether downloading from illegal sources is justified, it is therefore important: the private copying levy is designed partly to compensate for the damage caused by illegal downloading. Because the Supreme Court surmised that downloading from illegal sources not allowed, the case was referred to the European Court.
In the Netherlands, downloading movies, music and books from illegal sources, such as Usenet, currently still legal. Downloading illegal games and software is prohibited; the same goes for uploading movies and music. However, prosecution is rare. Recently, it was someone five thousand e-books had spread acquitted according to the Court, there was no public interest in prosecuting the offender.
The government was not available for comment, but promises to come. Later on Thursday with a response Netherlands argued earlier that prohibit downloading from illegal sources negative impact on privacy would because downloaders could then be prosecuted.
Previously ruled the Advocate General of the European Court if that were not justifiable allowing downloading from illegal sources. The opinion of the Advocate General, formal advice is often followed. According to the Advocate General Netherlands is’ the mass distribution of illegal material in hand. “
The Advocate General did not open the possibility that the private copying levy could be increased, so by downloading compensate the damage. Since the EU is the court disagreed: all users would be punished for the damage caused by download.
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.