Judge tells ISP to hand over user details to Dutch anti-piracy organisation
The Netherlands, 24th August 2006
A judge in the Netherlands has ruled that internet service provider Chello, a UPC-operation, must provide the personal details of a large-scale illegal music uploader to Dutch anti-piracy group BREIN. He ruled that the information supplied by BREIN about the individual subscriber's activities was "beyond reasonable doubt".
BREIN had requested from Chello the personal details of three people uploading to the illegal torrent site 'Dikkedonder'. Upon receiving this request, Chello came to the conclusion that there was no reasonable doubt in two cases and decided to give BREIN the desired information. Chello claimed it did have doubts about handing over details about the third person. BREIN disagreed and took the case to court.
This is a very important verdict. Getting the personal details of people abusing the internet is now not just possible in theory, but also in reality. In principle, internet service providers are obliged to give personal details of infringers to the rightholders in question. BREIN had a confirmed legitimate interest in getting those details in this case. Future such conflicts with ISPs will be brought to court. The next step is suing the infringers themselves.
BREIN wants to come to an arrangement with ISPs about those people who infringe "˜from home'. BREIN would like ISPs to educate their subscribers about illegality of such actions and warn infringers upon notification. The ISPs must also accept that litigation is necessary against consumers that then continue to infringe others' copyright.
"It all comes down to the fight against the illegal distribution of movies, music and games on the internet in order to protect the legal distribution of such content. This verdict takes us to the source of that illegal distribution", says Tim Kuik, managing director of BREIN.