If you think the Demon UK case is bad, fear this. In a case of Scientology vs Spaink and ISP's, the judge ruled that, if "informed and the information is reasonably correct" an ISP becomes responsible for not only the content of its users pages, but also of hyperlinks of users. The judge declared hyperlinks to be "publishing", resulting in hyperlinks to hyperlinks having the same problem. There is now a Dutch precedent that basicaly incriminates every ISP and content provider. For example, me posting a link to the website in question (http://xenu.xtdnet.nl) would now be incriminating to slashdot if it was under Dutch juristiction. Another very bad decision is the fact that for "possible coyright infringement" or other suspected offenses, Dutch ISP's are now expected to have to release the user's name and adres within 3 days.
Hopefully more information (in English) will become available soon about this ruling. Keep an eye on the newsgroup xs4all.general and the homepage of Spaink (www.xs4all.nl/~kspaink).
I'm no longer laughing at Australia, that's for sure.
If you think the Demon UK case is bad, fear this.
In a case of Scientology vs Spaink and ISP's,
the judge ruled that, if "informed and the information is reasonably correct" an ISP becomes
responsible for not only the content of its users
pages, but also of hyperlinks of users. The judge
declared hyperlinks to be "publishing", resulting
in hyperlinks to hyperlinks having the same problem. There is now a Dutch precedent that
basicaly incriminates every ISP and content provider. For example, me posting a link to the
website in question (http://xenu.xtdnet.nl) would
now be incriminating to slashdot if it was under
Dutch juristiction.
Another very bad decision is the fact that for
"possible coyright infringement" or other suspected offenses, Dutch ISP's are now expected
to have to release the user's name and adres within 3 days.
Hopefully more information (in English) will
become available soon about this ruling. Keep an
eye on the newsgroup xs4all.general and the homepage of Spaink (www.xs4all.nl/~kspaink).
I'm no longer laughing at Australia, that's for
sure.
Leto (working for a Dutch ISP)