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Kazaa Ruled Legal in The Netherlands

DreamerFi writes "Developers of Kazaa cannot be held liable for the way people use their software, the Dutch Supreme Court has ruled. The dutch version of the RIAA, BUMA Stemra is now expected to start lawsuits against individuals, following the american lead, according to dutch news channels."

11 of 313 comments (clear)

  1. Just like the Canadians by Anonymous Coward · · Score: 5, Informative

    We (the dutch) pay an extra tax (something like 50 cents) on each blank CD, and up to 1.50 on blank dvd's.... It really gets my heartrate going when I think about that.

  2. Only decision on the programme by Groote+Ka · · Score: 4, Informative
    I've read the first part of the 37 page decision (sorry, in Dutch. duh...). Well, we don't have a decision on the use of Kazaa yet.

    Furthermore, this decision only affects distribution from The Netherlands. The advocat general briefly touches US, UK and German law, but does not draw any conclusions from this.

    So, also regarding the recent decisions in California, Kazaa will probably live as a programme.

    However, the BUMA/STEMRA (dutch equivalents of the US RIAA) will probably start now with lawsuits to individual end-users who offer large amounts of files on-line. A lot of case law with respect to tort by offering infriningement illegal information on-line is already available, so the real ground battle can start. Bring in the grunts (copyright lawyers, that is).

  3. Re:Ok but seriously... by fruey · · Score: 5, Informative

    Most stuff that Holland is famed for is indeed illegal: they adopted a stance of decriminalising which is, quite frankly, the best way to go. You still can't deal massive quantities of dope or run prostitution scams involving pimping and extortion. The laws are just relaxed at a small time level and for people who pay their taxes on products and services that they buy. Black market activity (which usually means higher quantities or non declared employment) is still illegal.

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    Conversion Rate Optimisation French / English consultant
  4. Re: NOT Frivolous McDonald's Suit by perly-king-69 · · Score: 0, Informative
    IIRC it was only reported as being frivolous.

    She received third degree burns over more than 5% of her body, simply because McDs stored the coffee at a temperature far higher than was necessary. And they knew it was dangerously high.

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    This sig is inoffensive.

  5. Re:Ok.... by roalt · · Score: 3, Informative
    ...The BUMA can still sue people the way the RIAA does in the US for downloading copyrighted music files. So far, suing has been the main repercussion from KaZaa and file sharing. Once a court upholds that I cannot be sued for downloading such files, be it using direct connect, gnutella, KaZaa, then we'll have gotten to the next step...

    In the Netherlands downloading .mp3s is NOT illegal (AFAIK I think it's even proved in court), but sharing them (making them available for others to download) IS.

    The later one will be the next step of our local RIAA (called Buma/Stemra).

  6. Re:Ok but seriously... by appelflapje · · Score: 2, Informative

    No it isn't. With a permit and a safe it's perfectly legal. Just explain that Glock 22 in my safe, sitting nicely beside my permit.

  7. Re:Punk Rock store owner looking for labels! by midimonkey · · Score: 2, Informative

    Here you go: RIAA Radar

  8. Re:rant time by bev_tech_rob · · Score: 3, Informative

    At the same time, see article from CNN this morning saying that the methods that the RIAA are using to find infringers is not legal....go Verizon, Go!

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    You're messin' with my Zen Thing, man.....
  9. Re:Racism is far worse in Europe? by Tim+C · · Score: 3, Informative

    Who the hell modded this crap up?

    Pornography is not as much of a problem in Europe because it is accepted. I guess the same is true of racism.

    Yes, pornography is generally more accepted in Europe; I guess we just have less of a problem with seeing people having sex. Note that the same cannot be said of the whole of Europe - here in the UK, after all, we're rather more Victorian about the whole thing.

    Racism, on the other hand, is most certainly not tolerated. Yes, there are fringe groups, like the British National Party here in the UK, or the hard-line Combat 18 (note that the story is 4 years old), they are not representative of Europeans as a whole, any more than the KKK is representative of Americans as a whole.

    France has in recent years has had massive anti-semitic rallies.

    Proof please, as I don't remember hearing about them. Also, I've been on a few rallies and marches in my time, the largest being an anti-racism one organised by the Anti Nazi League. About 150,000 people marched through London on that one; I think that qualifies as a "massive" rally.

    I find it incredible that you've been modded up insightful for this. Sure, Europe has its problems, but from what I see reported in the news, for the most part they're no worse than similar ones in the US.

  10. Re:rant time by Anonymous Coward · · Score: 1, Informative

    Read about how FreeNet works, retard. You don't get the file directly from the serving machine, it goes through a random number of machines. Each step is encrypted.

  11. Re:Why don't they just sell the music? by Moryath · · Score: 2, Informative

    Well given that Eisner just completely eliminated their animation division... Disney's days are over.

    It exists now only to exploit the old accomplishments of Walt as a cash-cow, and bribe Congress to extend copyright every 20 years.

    Repeat with me now... I shall pray for the day Pixar leaves Disney...