
Yesterday the decision of the Dutch court on the claim of the anti-piracy organization BREIN against two providers Ziggo and XS4ALL was published. The process began in 2010 with the BREIN requirement to restrict access to The Pirate Bay in Holland under the pretext of violating the copyright tracker. The court of first instance accepted their arguments and obliged providers to block access to all users. The decision caused a great resonance, as it created a precedent for the European Union.
In the second instance, the court sided with the defendants and agreed with the inadmissibility of blocking websites as an ineffective measure that infringed upon the right of providers to free enterprise. In addition to renewing access, the court also sentenced BREIN to paying considerable compensation to providers: 189,891.13 euros for the first instance and 136,030 euros for the second. The original solution can be read here:
www.scribd.com/doc/202770084/Tpb-AppealBREIN still has the opportunity to apply to the High Court, but it is not yet known whether they will take advantage of it.
By the way, it is very likely that the decision was affected — among other things — by the introduction of locks in Russia last year. The history turned out to be quite loud with nationwide efforts and only the lazy did not recognize the new Russian “Internet censorship”. And even more so she could not pass by the judges who were forced to decide on a similar case. Hardly anyone admits openly, but the incentive to “not be like” could play a role.
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This is a question: why flutter, if the authorities ignore us anyway. We never know where and how our words and actions will respond. Petitions, round tables, public actions - all this is undoubtedly necessary, as it is necessary to use any opportunity to convey your opinion to the officials. Sometimes a drop really sharpens something.