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Filmmakers Take Dutch State To Court Over Lost Piracy Revenue (torrentfreak.com)
An anonymous reader quotes a report from TorrentFreak: A coalition of Dutch film and TV producers is following through on their threat to file a lawsuit against the local Government. The filmmakers hold the authorities responsible for the country's high piracy rates. They claim the government tolerated and even encouraged unauthorized downloading for years and want to see compensation as a result. Last year the Dutch Government denied these allegations, noting that the filmmakers could go after downloaders directly if they want to recoup their losses. However, they are not backing down. On Tuesday a group of film and TV show companies issued a summons announcing their legal action, NRC reports. Through the court they hope to hold the Government liable, and if that's the case, a separate damages procedure will likely follow.
...people who are intolerant of other people's cultures and the Dutch!
Be prepared for lawsuits from oil companies because the government encouraged hybrid vehicles, decreasing Exxon's earnings potential.
This should be laughed out of court.
To avoid such expensive lawsuits, the government should revoke the copyright monopolies they have granted these organizations. Then they won't have to worry about anyone infringing on them.
When things get complex, multiply by the complex conjugate.
Unfortunately they seem to have a decent case with a good chance of winning, according to some neutral legal experts..
Somehow I don't think 'piracy' is impacting their bottom line so much as outdated advertising models, and the general publics' rejection of it are affecting it.
That always ends well.
Anti-piracy copyright holders need to take a lesson from Canada. The music industry there convinced the government that piracy was pervasive and destroying their industry, and that a tax should be levied on all blank CDs to compensate them for their losses under the theory that people were burning pirated music onto blank CDs. The government agreed, and instituted the tax.
Later when the music companies tried to sue individuals for copyright violation, the courts decided that since The People had already compensated the music industry for their losses via the CD tax, there was no need for any more lawsuits.
Double-dipping may be normal for the music and movie industry (when's the last time one of them offered you a discount for upgrading your DVD collection to Blu-Ray, or CD to streamed, even though you ostensibly already bought a license when you bought the first one?). But it's not normal for the rest of the world, and the courts will slap them down if they try to impose their perverted view of how things should work onto the real world.
Leave the leftists in the poverty they create and encourage.
Lost revenue from the Dutch film industry is roughly zero. As if somebody actually watches that tripe... Most of it only gets produced because of heavy subsidising by the government in the first place; maybe they should ask for that money back.
Oh, and we already pay a tax to compensate for piracy. Let's give that money back as well.
I have a nice Dutch word for them: "kansloos".
Just a comment.
You usually need the approval of the govt. first to be able to do that. And surprise, that is sometimes granted.
One of the more hated clauses in the TPP gave large companies that right.
Antigua has the WTO's permission to legally violate US copyrights, Canada already compensates the industry so citizens can illegally pirate without consequences, and in the UK streaming pirated content isn't illegal.
Surely there is some enterprising internet entrepreneur that can connect these dots and make a load of cash.
Boycott the FUCKERS
And the windfall profits the movies reaped from it.
If enjoying an artists work without paying for it is equivalent to theft, then I am the biggest thief because I rarely give money to performance artists on the street.
Strange how none of them have accused me of theft and tried to sue me
into movie business accountancy practice after all no movie ever makes a profit - so no tax is paid why would any honest person keep throwing good money after bad?
Perhaps you should stop framing copyright infringement as piracy. The former involves consuming content without paying, while the other involves kidnapping, rape, and murder on the seas.
Conflating the two muddles the argument in the favor of the MPAA/RIAA.
a) TPP isn't ratified yet
b) The Netherlands isn't in the Pacific, nor part of TPP
c) TPP isn't ratified yet. I realise I've said that already, but it needed repeating
d) Europe has so far told US (who have withdrawn from TPP) to fuck off with the version that applies to them (TTIP)
"Wait. Something's happening. It's opening up! My God, it's full of apricots!"
What is in the EU directive are a minimum set of requirements for copyright laws, but NO ACTUAL LAW, the governments have to supply it, worked to whatever they desire within the guidelines given.
And rescinding copyrights for abuse is 100% within those guidelines.
Subject says it all.
The tax should generate enough revenue to cover the lawsuit plus all current, future and past costs incurred in prosecuting copyright.
Play up the role of the gentleman pirate who doesn't kidnap or rape and only does as much killing as to maintain the upper hand to enable an orderly stealing of cargo from ships from countries they have political issues with.
We have an entire system of courts for simply suing the government. Of course, the government sues their employees in these courts as well.. The Dutch seem to have administrative courts for various subjects, but not one for the general case. Speaking of the subject, the film makers might actually appeal for their constitutional protection of private property and how the government haven't been doing enough to protect their rights.
You should never, ever drop a microphone, for any reason.
Unless you make a comment like this. And then it's absolutely warranted.
Is it just my observation, or are there way too many stupid people in the world?
the end of the world is coming
or is the Netherlands not a sovereign nation? I forget the name of the principle but it's basically impossible to sue a sovereign government.
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Typical "can't yell at the relevant party so I'm talking at whoever *is* in reach".
It's a popular favorite all the way up the management chain. At the bottom it's not subconscious - it's deliberate, it's purchased, it's working in reverse. We deliberately hire phone jockeys to insulate us from the plebs outside.
Many moons ago, the music + movie industries managed to convince the Dutch government to get legislation passed that put a levy on any blank CD/DVD media which increased their costs, which was collected and paid to the movie + music cartels to get reimbursement for 'missed revenues' due to unauthorized copying. (Which is rather annoying when you only use discs for personal use with your own content)
An somewhat unintended side-effect of that was that it more or less legalized downloading and copying for personal use as well, since the content industry already received the levy for the discs. When they later tried suing people for unauthorized downloading/copying, they had a very hard time getting anything to stick because "we already paid for it".
Now they are claiming that the Dutch government's slow response to the 'problem' is costing them a bazillion dollars, and want to hold them liable for missed revenues.
The root of the problem is that the music + movie industries are having buyers remorse for the initial legislation they forced through.
TFA and the linked Dutch source are not very specific, but I'm pretty sure this is a claim in civil court, not in public/administrative court, using the "damages from illegitimate acts" (BW6 art 162).
Note that the Dutch High Court rules that the blank-CD levy is not a compensation for illegal downloading, and that an EU ruling in 2014 (?) made downloading illegal. However, the government didn't really do anything with that, and the goal of the lawsuit is presumably to prod the government into action against downloading.
* Loosely translated: "(1) if you commit an illegitimate act you have to pay any damages that someone suffers from it; (2) an illegitimate act is a breach of someone's rights or an acting or failing to act in violation of legal duty or societal norms"
- x price of individual piece of media = losses to piracy in that country
Every piece of media is calculated separately: if you bought the dvd and owned the tapes but not the Bluray, that's a piracy loss on the Beta, the Laserdisc, HD-DVD, AND Bluray.
This is how they get piracy losses sometimes greater than the entire GDP.
This is low cost spin-doctoring, part of the continuous drip, drip of miss-information. Legally they do not have a leg to stand on, their intent is free publicity, creating the impression amongst gullible and ignorant people. While clearly some people are taken in by obvious bullshit (c.f. Brexit, Trump). It really purpose is tainting the pool or muddying the water
If your business model fails, sue governments for not creating a protected space for your business.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Yeah, yeah, the media cartels jumped the gun again, what else is new?
They'll just withdraw for now and wait for that law for parasites to become reality.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Tim Kuik ???
Ever since I learned about the power grab that is this "content industry" practice, years ago, I lost almost all interest in their produce. I not only don't buy it, I don't even like to hear or see it, and thus don't bother to pirate it. It just has a shadow hanging over, and it is not entertainment any more. For me, it lost all allure, I don't even follow who are their stars, I don't care. If I need to understand some piece of reference that entered popular culture, I look the explanation up online.
It is akin to having to listen to a murderous sociopath in power cracking jokes ... they can't be funny even if they are good, it just makes the guy more creepy. That creepy feeling is what I get from "content" paddlers and their merchandise. They killed the fun.
Side Note: The Dutch government has a system in place where movies made in Holland (under conditions) can apply for government funds to assist in getting the movie made (30% of total production costs).
Yes, you can actually sue the Dutch national government, but how are you going to win a case claiming that the state's laws are harming your business?
(The Netherlands have been under foreign occupation since 1940, but that does not alter the law).
Makes sense. Taxpayers do not get to decide whether they like something, they just have to pay.
Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.