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.