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ExtraTorrent.cc > Articles > BREIN Will Sue Usenet Portal Over Legality

BREIN Will Sue Usenet Portal Over Legality

BREIN Will Sue Usenet Portal Over Legality

Added: Wednesday, October 20th, 2010
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
The long-lasting fight between a Usenet community and anti-piracy outfit BREIN reached a Dutch courtroom recently. On the one side, the FTD newsgroup portal requires the court to prove that it operates legitimately. On the other side, BREIN outfit argues that making the locations of copyright content available is illegal and equals to directly publishing it, therefore asking for a permanent injunction against the news portal’s operations.

It was in the Court of Haarlem that Dutch anti-piracy group BREIN faced Usenet community FTD in their trial connected with long-running copyright battle. BREIN argues that FTD represents a service allowing its users to easily but illegally download films, TV programs and music tracks. The newsgroup portal sees itself differently, claiming that it only allows its members to point out the place where this material might be found.

The trial lasted for 4 hours, and became crowded even in the largest court room available. The FTD’s attorney explained to the court how the portal operates. He pointed out that the portal only lets users to spot where content might be found on Usenet, and nothing else, which means that FTD doesn’t upload any material to its users or offers them any downloads. Besides, the service of the newsgroup portal isn’t even needed for downloading material from Usenet, so it definitely can’t be an entertainment shopping service offering movies downloading.

Countering, BREIN referred to an earlier case in the Hague between Eyeworks movie studio and FTD, where a court decided that by allowing the publication of information pointing at the locations of illegal movies stored on Usenet, the newsgroup portal was effectively considered a publisher of the content itself, as if FTD had hosted it on its own server.

Coincidentally, the appeal of that ruling will be heard in the Hague, making it clear that the outcome could prove of particular relevance to previous case. Even if FTD is not ruled to be a direct infringer, it can still be regarded similarly to other websites that have already lost their lawsuits in The Netherlands (The Pirate Bay and MiniNova to name the least).

In its turn, FTD argues that since it’s legal in The Netherlands to download copyrighted content, it doesn’t have to remove those links. The court will hand down the decision around 7th November.

Thanks to TorrentFreak for providing the source of the article

October 20th, 2010

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Date:  Wednesday, October 20th, 2010

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