Dutch Court Questioning Why Police Outsourced File Sharing Evidence Collection To Industry Group

from the anti-piracy-group-is-not-the-police dept

We've seen numerous bad court rulings in the Netherlands when it comes to attacks on file sharing programs, and one of the big concerns was the seemingly all-too-close relationship between the anti-piracy organization BREIN and Dutch law enforcement. For example, it's still unclear how BREIN ended up with computer equipment from some of these file sharing operations. Police can confiscate equipment. Private industry groups cannot. It seems that relationship may now be creating some problems for BREIN, as a court is questioning why Dutch law enforcement brought criminal charges against a file sharing site, when it was clearly a civil issue that should have been taken up by BREIN.

The specific case involves a lawsuit that was brought years back, where the owner of the site ShareConnector was eventually cleared on all charges. However, more recently, the Danish Department of Justice decided to appeal. However, TorrentFreak notes that the court has adjourned the case to ask why it's a criminal matter, and why, if it's a criminal matter, is BREIN so involved:
The Court wants the prosecutor to explain why the Department of Justice decided to go through with criminal proceedings in a case where a civil one would seem to be more suited. In The Netherlands copyright infringement related offenses fall under civil law unless they are very severe, which doesn't seem to be the case here.

In addition, the Court weighs in that the evidence in this case has been collected by the Dutch anti-piracy outfit BREIN instead of the local authorities.
Perhaps BREIN and Dutch law enforcement groups will be reminded that BREIN is not, in fact, part of law enforcement, but a private industry group.


Reader Comments (rss)

(Flattened / Threaded)

  •  
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    Rob (profile), Jul 2nd, 2010 @ 4:32am

    Remind us here to please

    While the Dutch police are being reminded, we need to do the same thing here in the states. Remind the FBI that File sharing is a civil issue. And yeah, maybe the FBI should not conduct press releases from Disney offices.

    At least if Dutch courts are questioning this stuff it gives me slight hope that the US courts will do the same.

     

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      Sean T Henry (profile), Jul 2nd, 2010 @ 6:04am

      Re: Remind us here to please

      "At least if Dutch courts are questioning this stuff it gives me slight hope that the US courts will do the same."

      No it's not it's a reason for the US to start a trade embargo against the Dutch.

       

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        identicon
        Anonymous Coward, Jul 2nd, 2010 @ 6:23am

        Re: Re: Remind us here to please

        Consumers should be doing the economic embargo already.

        They are locking up culture, criminalising natural and common behaviour, raping privacy, due diligence and process and people take it as if there will be no consequences to those things in the future(i.e. the industry will tell you what to do inside your own home).

        Thank God there is alternatives that are still legal and for the time being difficult to spin as a bad thing as they use the same mechanism the bastard industry people is using.

         

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        Anonymous Coward, Jul 2nd, 2010 @ 6:29am

        Re: Re: Remind us here to please

        Consumers should be doing the economic embargo already.

        They are locking up culture, criminalising natural and common behaviour, raping privacy, due diligence and process and people take it as if there will be no consequences to those things in the future(i.e. the industry will tell you what to do inside your own home).

        Thank God there is alternatives that are still legal and for the time being difficult to spin as a bad thing as they use the same mechanism the bastard industry people is using.

        There was a time when people loved things and imitate them there are some vestigial signs of that I don't see that happening for many shows these days though.

        http://edition.cnn.com/2010/WORLD/asiapcf/07/02/friends.china.central.perk/index.html?hpt =Sbin

        Why is not those bastards running and trying to close "central perks" all over the planet?

        A: They didn't know about it, now that they know they will claim copyright, patent on designs and say that re runs are hurting their sales.

         

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          identicon
          Anonymous Coward, Jul 2nd, 2010 @ 6:38am

          Re: Re: Re: Remind us here to please

          "Consumers should be doing the economic embargo already."

          Consumers don't care about this stuff. Consumers care about Lady Gaga.

           

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    identicon
    Anonymous Coward, Jul 2nd, 2010 @ 5:07am

    Well, Your Honor, we would have pursued it as a civil case, but we had big dollar signs in our eyes at the time.

     

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    identicon
    Anonymous Coward, Jul 2nd, 2010 @ 5:25am

    IT'S FRIDAY!!! TAM'S FAVORITE DAY OF THE WEEK!!!!

     

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    Marcel de Jong (profile), Jul 2nd, 2010 @ 6:00am

    The Danish Department of Justice? They don't have any jurisdiction over NL.
    Just because Danish looks a bit like Dutch, doesn't mean they are the same. :)

    More on topic.
    FINALLY! We've been saying for years that BREIN is not law enforcement, despite their grandstanding and them overstepping their boundaries. Let's hope BREIN gets slapped hard. They need to be put back in their place.
    Next thing I hope will happen, is that industry groups are no longer allowed to set taxes on products. (Our blank media tax doesn't go to the state, but rather to an industry group)

     

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    Anonymous Coward, Jul 2nd, 2010 @ 6:31am

    'Perhaps BREIN and Dutch law enforcement groups will be reminded that BREIN is not, in fact, part of law enforcement, but a private industry group.'
    Same thing isn't it? I thought private industry group and governments were the same. Ohhhh Noooooo Am I wrong?

     

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      chris (profile), Jul 2nd, 2010 @ 7:56am

      Re:

      I thought private industry group and governments were the same.

      no, they are different. private industry groups make the demands and government fulfills them. the master has to be a separate entity from the slave, otherwise the master really isn't master of anything but himself.

       

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        TtfnJohn (profile), Jul 2nd, 2010 @ 11:56am

        Re: Re:

        You forgot that the citizenry, who theoretically employ the government and who really pay them and for them are left out of this cozy transaction.

        Of course, if you're government and private industry the citizenry doesn't exist. We're reduced to interest groups, stakeholders and dangerous extremists when we do things like demand our rights or ask for thinks like coherent and unspun explanations.

        Oh to hell with it. Citizens are dangerous extremists. Every single one of them (us)!

         

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    Anonymous Coward, Jul 2nd, 2010 @ 8:38am

    the judge seems to have little common sense here. a file sharing site (especially one with any advertising, membership fees, or other methods to earn income) is no different from any other commercial enterprise selling ill gotten merchandise. if this was a guy in a flea market selling shiny plastic discs with movies, he would be subject to criminal penalties, no different from someone selling counterfeit goods of any sort.

    that it is done online n a digital format does not change the matter, as the only reason people are visiting the website (and earning the owner money) is for the purloined material.

     

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      Anonymous Coward, Jul 2nd, 2010 @ 9:11am

      Re:

      Counterfeiting is not copyright infringement. Rookie mistake!

       

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      dorp, Jul 2nd, 2010 @ 9:45am

      Re:

      And TAM-wannabe fails again. Confusing stealing with copyright infringement is indeed a rookie mistake.

       

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      The Infamous Joe (profile), Jul 2nd, 2010 @ 9:50am

      Re:

      no different from any other commercial enterprise selling ill gotten merchandise

      Ill gotten?? Really? That's all you've got? What if the music was purchased legally and then copied, is it "still ill gotten"?

       

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        Anonymous Coward, Jul 2nd, 2010 @ 9:53am

        Re: Re:

        Of course it is!

         

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        Anonymous Coward, Jul 3rd, 2010 @ 8:17am

        Re: Re:

        "What if the music was purchased legally and then copied, is it "still ill gotten"?" - for the purposes of reselling or redistributing, it is still "ill gotten" for that purpose. it was legally purchased for personal use, not for redistribution.

        then again, you are smart enough to know that, and are trying to redirect the discussion away from my points. congrats. now all we need is rd and his alter ego namesless one to come in here and randomly capitalize some stuff to make my day complete.

         

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      Gwiz, Jul 2nd, 2010 @ 1:09pm

      Re:

      And what the heck does any of the crap your spouting have to do with what being discussed here?

      The judge wants to know why this was pushed as a criminal case when it clearly should have been a civil case and wouldn't have involved the police in the first place.

      And the judge wants to know (if it even was a criminal case)why the evidence was collected by a 3rd party with obvious biases instead of being collected by the police.

       

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      Anonymous Coward, Jul 5th, 2010 @ 7:35am

      Re:

      TAM Wormtongue speak with forked tongue!!

       

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