BREIN Loses Again As Dutch Court Rejects Criminal Prosecution For Copyright Infringement

from the not-so-invincible dept

Once upon a time, the Dutch "anti-piracy" group BREIN seemed invincible, winning a number of copyright infringement cases. But recently, its winning streak has come to an end. Last week we reported on how BREIN's attempt to block access to The Pirate Bay had been thrown out, and now we have the following case, as reported by TorrentFreak:

A Dutch man who admitted uploading more than 5,000 e-books to The Pirate Bay has had his case dismissed on appeal. The court ruled that the man can't be prosecuted criminally as copyright infringement cases belong in a civil court. Anti-piracy group BREIN is disappointed, but still has the option to pursue the uploader in a civil action.
Even if BREIN wins that action, the appeal court's decision is a serious defeat for the organization. It means BREIN has failed in its attempt to extend the use of criminal courts to cases that do not involve a criminal organization and where the infringements are not carried out as business activities. Had BREIN been successful, that widening of scope would have had a major impact on the Dutch copyright enforcement landscape.

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  1. This comment has been flagged by the community. Click here to show it
     
    identicon
    out_of_the_blue, Feb 3rd, 2014 @ 2:18pm

    So, status quo ante for US and I suppose UK courts.

    Without "business activities", meaning money. And that's precisely why The Pirate Bay itself, which DOES get money as a business from advertising infringed content, should be prosecuted, as also Kim Dotcom of Megaupload. Money changes everything. Commercial scale infringement is definitely where to draw the line -- and it'd be enough to hamper you pirates from "over-sharing" with millions of your pals.

    Mega-grifter Kim Dotcom got millions by hosting infringed content. That's not even capitalism, that's THEFT. (78 of 195)

    10:17:56[l-290-2]

     

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  2.  
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    Glen, Feb 3rd, 2014 @ 2:20pm

    But, but.....THE CHILDREN!!!!

    /sarc

     

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  3.  
    icon
    AudibleNod (profile), Feb 3rd, 2014 @ 2:20pm

    Vets

     

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  4. This comment has been flagged by the community. Click here to show it
     
    identicon
    out_of_the_blue, Feb 3rd, 2014 @ 2:21pm

    I Luv Google!

     

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  5.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 2:22pm

    like all entertainment industries and their representative 'collection agencies', BREIN thought/thinks it can keep re-writing the law(s) to suit it's own particular cause. even though it thankfully lost this action, it hasn't given any thought, just like the industries themselves, to the implications. they never think that anything they are doing to win their own cases could come back and bite them, they honestly seem to believe they are all above the law! and when you consider that multiple politicians and governments have been doing everything in their power to assist in this quest, i am not surprised. with the fucktards in the UK parliament taking over from their namesakes in the USA Congress, they still think they are on a winner. i am waiting to see reports of some seriously nasty repercussions when the UK Parliament try to do what those who have built the internet cant! that has got to be worth getting a ring-side seat!!

     

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  6.  
    identicon
    S. T. Stone, Feb 3rd, 2014 @ 2:25pm

    Re: So, status quo ante for US and I suppose UK courts.

    Money changes everything.

    You should know, given how much money you probably get for shilling in favor of the copyright industry. :)

     

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  7.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 2:28pm

    Re: So, status quo ante for US and I suppose UK courts.

    Theft. You keep using that word. I don't think it means what you think it means.

     

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  8.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 2:29pm

    At least the Dutch still have enough sense to know the difference between a civil matter and criminal one.

     

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  9.  
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    That One Guy (profile), Feb 3rd, 2014 @ 2:35pm

    Re:

    Just shows how crazy and corrupt their courts are, I mean obviously holding someone up at gunpoint, breaking into a store, or assaulting someone is just as serious a crime as downloading/uploading a file, so the fact that they don't consider copyright infringement a criminal offense shows a serious problem with the Dutch justice system! /s

     

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  10.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 2:43pm

    Re: Re:

    Yeah, all that pot they smoke has really affected their sense of judgement. :)

     

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  11.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 2:44pm

    Whenever BREIN loses in court, it just means it's time to pursue Plan B -- getting the law changed.

     

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  12.  
    identicon
    sshady1976, Feb 3rd, 2014 @ 3:23pm

    Copyright?

    If you ever had a friend copy a cassette tape when you were growing up, then you broke the copyright law too. So join the rest of us and share the knowledge and information freely so everyone can prosper.


    Kopimi, Kopiyou, Kopiall.

     

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  13.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 3:24pm

    It seems like more and more courts are not anymore buying the bullshit from the copyright industries. That is definitely some progress.

    these industries tried to go to far. They weren't willing to settle on a status quo that everyone could live with, leaving some grey areas alone, no, they wanted everything, but it doesn't work anymore. regardless, they will try to push further and eventually lose everything.

    They are their own undoing.

     

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  14.  
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    sshady1976, Feb 3rd, 2014 @ 3:34pm

    They will never stop it. Every time they try, there will be someone out there :-) to figure a way around there blockade. Pirate Bay, Anon, and others well known will always be there standing by waiting for some idiots to try and censor freedom of speech, free will and the sharing of knowledge.


    Kopimi, Kopiyou, Kopiall

     

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  15.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 3:38pm

    Re:

    you can look at it this way, they provide a service in finding the bugs in the sharing systems, that need to be fixed...

     

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  16.  
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    sshady1976, Feb 3rd, 2014 @ 3:41pm

    Re: Re:

    Agreed. 100%.

     

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  17.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 4:13pm

    Re:

    This one is probably going to change legally. Copyright is moving further into criminal law in several european countries and I expect EU will follow that line in the future. It is too expensive for society to have these cases ending in dismissals.

     

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  18.  
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    Ben (profile), Feb 3rd, 2014 @ 4:23pm

    Re:

    Well, yes. Some of them must have been children's books.

     

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  19.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 5:11pm

    Re:

    But but......the profit

     

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  20.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 6:41pm

    Re: Re:

    Or they could just use the proper courts.

     

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  21.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 7:35pm

    Re: Re:

    do you have the list of politicians that have been bought and paid for by the entertainment industry?

    You are aware that the TTIP, TPP etc have absolutely no chance of passing don't you?

    The world is wising up to the corruption that is propogated by the Entertainment industries.

    No one respects copyright anymore due the amount of laws that have been bought and paid for.

    Maximalists have made their bed, now they are crying that they have to lay in it. The courts are recognising that the system has been corrupted and are pushing back.

    It won't be long before copyright is completely abolished.

     

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  22.  
    identicon
    Anonymous Coward, Feb 3rd, 2014 @ 8:06pm

    Re: Re:

    It is more expensive for society to have the Entertainment leeches dictate law and policy.

    That cost is a corrupt government that no longer represents the people, but are representatives of corporations who are going to line their pockets.

     

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  23.  
    identicon
    Anonymous Coward, Feb 4th, 2014 @ 12:23am

    Criminal prosecution for copyright infringement

    'This one is probably going to change legally. Copyright is moving further into criminal law in several european countries and I expect EU will follow that
    line in the future. It is too expensive for society to have these cases ending in dismissals.†'

    Copyright infringement is already a crime in a lot of European countries,.

    But this does not make the burden of proof easier but rather more difficult.

    In Denmark and Sweden the copyright holders have been far from successful in their efforts to hold people accountable for copyright infringement.

    The situation is complicated by the fact that mere possession of works reproduced in violation of copyright is not in itself illegal.

    In the Netherlands, acquiring copyrighted works is not illegal but expressly covered by the private copying levy.

    And in a criminal case, you always have to prove who did the act.

    An IP address is never sufficient proof for a criminal conviction.

     

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  24.  
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    Ninja (profile), Feb 4th, 2014 @ 1:15am

    Re: So, status quo ante for US and I suppose UK courts.

    And that's precisely why The Pirate Bay itself, which DOES get money as a business from advertising infringed content

    That's false on so many levels. First the ad revenue of pirate sites has been proven to be incredibly low simply because they get the worst of the worst of the ad services (ie: nobody wants to do business with them) and while we don't know for sure what happens with TPB my experience with 100% of the trackers I go to is they are supported by donations from the community that forms around the sharing platform which is supported by articles here and research all around. Last but not least, even if they do get sweet money they DESERVE it simply because they are providing a SERVICE I want.

    as also Kim Dotcom of Megaupload

    He made money from offering a storage service that could be shared. And most of the files were found to never have been downloaded as the bogus process against MU developed meaning the service was mostly used for STORING files. Sue Amazon, Google, Microsoft, quick!

    Commercial scale infringement is definitely where to draw the line // Mega-grifter Kim Dotcom got millions by hosting infringed content.

    Again, there's no commercial activity. The sharing sites offer a service of communication and indexing, the community shares content using their own connections and resources.

    it'd be enough to hamper you pirates from "over-sharing" with millions of your pals.

    So far the only thing that managed to reduce file sharing was (GASP!) offering the content for fair prices and ease of access (see Netflix, Spotify etc). Not even extremely draconian measures succeeded. Because people will not respect unjust laws. And it's amusing, the most "pals" I ever shared with were about 120 thousand (the largest swarm I've ever been part) and I uploaded only to the ratio of 0.7 at the time. Which means I didn't even share a complete copy. Go educate yourself, all it takes is a 1.0 ratio to keep the thing running. Most people don't go too far past this. Nobody shares with millions. It's just that millions share with millions.

    And as always, you are an obnoxious moron.

    Note: my bad for feeding the dipshit, sometimes I fail to resist ;)

     

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  25.  
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    Ninja (profile), Feb 4th, 2014 @ 1:16am

    Re: Re: So, status quo ante for US and I suppose UK courts.

    Mega-grifter Kim Dotcom got millions by hosting infringed content.

    This should have paired with the other Dotcom phrase..

     

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  26.  
    identicon
    Odd Man Out, Feb 4th, 2014 @ 1:26am

    Laws, Bribery and Law-Makers - Words of Wisdom

    And you shall take no gift: for the gift blinds the wise, and perverts the words of the righteous.† Also you shall not oppress a stranger: for all of you know the heart of a stranger....

    You shall not shift judgment; you shall not respect persons, neither take a gift: for a gift does blind the eyes of the wise, and pervert the words of the righteous.

    A wicked man takes a gift out of the bosom to pervert the ways of judgment.†

    A king, by justice, shall establish a land,óbut, a man open to bribes, bringeth it to ruin.

    Your princes are rebellious, and companions of thieves: every one loves gifts, and follows after rewards: they judge not the fatherless, neither does the cause of the widow come unto them.†

    These are old words that the leaders and rulers of today should take heed of, but they being who they be, won't see anything but the bribes laid before them.

     

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  27.  
    identicon
    Anonymous Coward, Feb 4th, 2014 @ 1:37pm

    Re: Re: Re:

    I think you are underestimating how many people and how much money is pushing the other way. While I think you may be right about the direction (not abolishing though!), the current situation is still that some politicians see people going against ACTA as a misinformation campaign and that there is a definite need for stronger copyright in the future as the increasing amounts of lobbying groups keep telling them. The council to some extend and the commission for sure has 0 respect for the opinions you hold.

     

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  28.  
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    btrussell (profile), Feb 4th, 2014 @ 6:12pm

    Had BREIN been successful, that widening of scope would have had a major impact on the global copyright enforcement landscape.

    FTFY

     

    reply to this | link to this | view in thread ]


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