BREIN Newsflash: Court orders Usenet Providers to identify large scale uploaders

This week BREIN successfully forced two Usenet providers in preliminary injunction proceedings to provide the identity details (name, address, payment details and IP-addresses) of two anonymous uploaders of more than 2,000 eBooks under a penalty of 1,000, – Euro a day.
The balancing by the court of the (fundamental) rights of the parties
represented by BREIN, the Usenet providers and the anonymous infringers
turns out in favor of the right holders represented by BREIN. Because of
the scale of the infringement and the impossibility for BREIN to find
out the identity of the infringers in a less intrusive way. The judge of
the Court of the Dutch city of Haarlem did not accept the most
important argument of the Usenetproviders that they aren’t allowed to
save their costumers identity details and because of that shouldn’t
provide these details to BREIN. The judge ordered: “Certainly in the
light of the large scale infringements these persons made on the rights
of BREIN’s rights holders and the evidence provided by BREIN, Eweka and
Usenetter should have provided the requested information to BREIN after
receipt of the evidence.”

BREIN director Tim Kuik is satisfied:”Today
the judge confirmed the standard Dutch caselaw again that internet
intermediaries under specific circumstances have to provide identity
details of costumers who crossed the line. In clearcut piracy cases this
usually happens voluntarily in line with the criteria of the Dutch
Supreme Court but every now and then a party refuses and a court order
is needed. The case is part of BREIN’s strategy to force large scale
uploaders and first uploaders to cease their infringing activities.”
 
Read the verdict here (in Dutch):
http://www.ie-forum.nl/artikelen/usenetproviders-moeten-identificerende-gegevens-van-inmiddels-oud-klanten-verschaffen
 
Read previous news about this case (in Dutch):
http://anti-piracy.nl/nieuws.php?id=397