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ExtraTorrent.cc > Articles > Usenet Community, Not Users Guilty Of Facilitating Copyright Infringement

Usenet Community, Not Users Guilty Of Facilitating Copyright Infringement

Usenet Community, Not Users Guilty Of Facilitating Copyright Infringement

Added: Tuesday, November 23rd, 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
A few days ago the long-lasting case of Eyeworks film studio versus FTD Usenet community came to its end in The Hague Court of Appeals. This time an earlier decision was largely reversed, with the court deciding that informing people where they can find unauthorized content is not illegal for subscribers. Meanwhile, the Community itself was found liable for facilitating illicit uploading.

This past spring a Dutch film studio called Eyeworks launched a case against Usenet community FTD, asking for a court injunction to stop it from making one of their films available to people. The lawsuit was heard at a court in the Hague seven months ago. Meanwhile, “making available” meant that the community users have merely been reporting the locations of the content existing on Usenet.

That time FTD lost the case, because the court ruled that “spotting” is actually the same activity as publishing the film itself. In result, the court issued an injunction, handed down without any Community involvement, thus banning the service from “spotting” the film of Eyeworks studio.

Afterwords, Usenet community filed an objection to the ruling, which was heard next month. However, FTD lost this one, too. Finally, a few days ago the parties returned to the Hague Court of Appeals to receive the subsequent decision, which appeared to be somewhat of a mixed bag for the Usenet community.

After the hearing FTD lawyer announced that the Hague court of Appeals largely reverted the ruling against the service, admitting that it wasn’t a copyright infringement to provide “spotters” with a site to inform each other of the content available for downloading. Besides, the country law says it’s legal to download content for strictly personal use, even doing so from an illicit source.

At the same time, FTD was found responsible for promoting unauthorized uploads, because the court accepted the argument that most of those “spotters” were at the same time uploaders. FTD admitted the fact and did not rebut the argument. The matter is that
FTD maintained that it simply doesn’t know who exactly uploads material to Usenet, which means it’s impossible to check if they are at the same time FTD users too.

The result of the hearing was an injunction against community’s “spots” of the film in question on penalty of a 10,000 euro/day fine.

Thanks to TorrentFreak for providing the source of the article


By:
SaM
November 23rd, 2010

Posted by: 
SaM

Date:  Tuesday, November 23rd, 2010



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