Dutch Court orders Google to provide identity details to BREIN
BREIN demands identity details from Google Inc and Google Ireland Ltd of
an anonymous illegal e-book seller operating via Google Play.
Yesterday, the interlocutory proceeding judge in The Hague in The Netherlands handed down a well reasoned decision, taking into account all relevant (fundamental) rights of BREIN and her members versus those of Google and an anonymous infringer, ordering Google to provide the identifying details of the infringer to BREIN.
The judge confirms that in a situation like this, the interests of BREIN and its members outweigh the interests of Google and the anonymous illegal e-books trader: the freedom of information, freedom of speech, freedom of entrepreneurship and privacy cannot prevent that Google is obliged to help end the infringements and provide the identifying details to BREIN in the Netherlands. Also the fact that Google is a foreign entity which refuses to provide the relevant identifying details without a court order and that this rejection to provide the information takes place abroad, do not constitute valid arguments for Google to deny BREIN the requested information.
Google is ordered not only to provide name and address details but also IP-addresses, bank details and e-mail addresses. The order also concerns possible foreign name and address details and foreign bankaccounts, IP-addresses and e-mail data.
The Judge has given the anonymous infringer two weeks to object to the order. BREIN is confident any possible objections will prove to be irrelevant because the case involves a clear-cut infringement.
The decision is being translated at the moment. A copy will be available on request at the end of this week.