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Dutch ISP Ordered To Share Subscriber Details, Shut Down Illegal Website

by Ulrika Lomas, for LawAndTax-News.com, Brussels

09 January 2007

On Friday, the Dutch district court of The Hague issued a ruling in a preliminary procedure that Dutch anti-piracy organisation BREIN had filed against the largest Dutch internet service provider, KPN.

KPN had refused to take down an illegal website and disclose the identity details of its subscribers, but BREIN was last week awarded these demands.

This enables BREIN to hold liable the operator of the illegal website dutchtorrent.org with an injunction and damages claim. The website gave access to hundreds of illegal files to thousands of registered users.

Dutchtorrent.org operated from a server that was connected to the internet via KPN. The anonymous site owner was put on notice repeatedly by BREIN but did not respond and persisted in his illegal activities. After a BREIN notice to KPN, the service provider also refused to shut down the website and disclose the identity of the website holder to BREIN.

The judge last week decided that KPN's refusal was unlawful because the website facilitated structural copyright infringements.

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