A Few Kilos of Complaints

pretium-vs-varaIn various TV broadcasts Vara’s program ‘Kassa’ gave attention to the large number of complaints that the Consumer Authority and the Ombudsman had received about telecom company Pretium. In the broadcast Kassa handed over a ‘few kilos of complaints’ to the State Secretary, but did not provide Pretium with a copy of these complaints. However, in the studio Pretium was given the opportunity to give a reaction, but Pretium decided not to.

As a result of the broadcasts Pretium initiated preliminary relief proceedings against the Vara. Pretium won the proceedings on most points. Partly because prior to the broadcast the Vara had not reported the fact that …read more

MyP2P Ruling – Embedded Link Infringes Copyright

myp2p-logo

Ordinary Hyperlink Does Not Infringe Copyright
Does it infringe copyright to offer a hyperlink to the copyright-protected material of a third party? Previous judgments have shown that this is unlikely; hyperlinking does not qualify as a communication to the public, but rather as a sort of footnote. In a judgment of 12 January 2010 the Court of Appeal of Den Bosch has now clearly established (in ground 4.98) that hyperlinking indeed does not constitute copyright infringement.

Embedded Link Does Infringe Copyright
Apparently the Court of Appeal was in an energetic mood, because although the case was not about embedding, it continued to discuss the question whether embedding is also allowed (ground 4.99). The Court …read more