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Selling media player streams from illegal sources not currently prohibited
The judge does not judge yet whether the sale of media players providing access to streams from illegal sources should be prohibited. Only when the European Court issued its views on this subject, the right to express an opinion.
Brein demanded by the judge a ban on sales of media players by Movie Streamer, relying on Article 26d of the Copyright Act, but the court dismissed the claims of the hand. It writes IP Forum, also the judgment published. Brain MovieStreamer.nl argued that the use of illegal content, for profit, facilitated by selling media players that hold software which “obviously is designed to provide access to illegal content. BREIN also demanded that Movie Streamer to old customers told to stop selling because of the wrongful act.
Movie Streamer sells media players that feature the Kodi-streaming platform and a proprietary interface. Interface which makes use of add-ons with links to sites with streams from illegal sources. The add-ons themselves are not developed by Movie Streamer.
However, the judge of the District Court for the Central Netherlands can not judge the actions of Movie Streamer is illegal. “Movie Streamer initiates the use is not in the technical sense,” said the judge, “but because it facilitates the end users do not themselves need to install the add-ons on the Movie Streamer.” Only when there is ruled on the legality of media players such as Movie Streamer offering to end users, it can be determined whether it also facilitate is legal or illegal.
That judgment must come from the Court of Justice of the European Union. The court Lelystad did last summer by the CJEU know or selling such media players represents a new disclosure and whether streaming from illegal sources is the same infringement as illegal downloading.Viewing:-145
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