Judgment in Preliminary Relief Proceedings Brein – Ziggo/XS4ALL: No Blocking of The Pirate Bay

pirateOn 19 July 2010 the Court of The Hague rendered a judgment in the preliminary relief proceedings instituted by Brein against Ziggo. Brein demanded Ziggo to shut down The Pirate Bay for its subscribers. The judge in preliminary relief proceedings rejected this claim with a remarkable argument and, therefore, in my view, an incorrect outcome.

For many years Brein has been fighting The Pirate Bay, which has been active since 2004 and is the largest BitTorrent website of the world. On this …read more

European Court: Conviction of Gossip Magazine for Publication of Portrait of a Suspect in Violation of the Freedom of Speech.

mediareport1The Finnish National Conciliator arrived home late at night with his girlfriend, apparently not hindered by the fact that his wife, who was not amused, was also living in the same house. There was a fight: the National Conciliator and his female friend against the wife. The son of the house also received some blows (given by the female friend). The National Conciliator and his female friend were arrested and later convicted. 

The Finnish magazine 7-päviää wrote about this fight and published photographs and the full name of the female friend (who, as the magazine revealed, also appeared to be dancing the samba with yet another man). Was this allowed? Or was this an unlawful invasion of the privacy …read more

Order to Remove Unlawful Publication from the Internet Includes Asking Search Engines to Empty their Cache

rechtspraak1In an online publication, a woman and her husband have accused several institutions of doing nothing to stop the sexual abuse of her daughter and several grandchildren by her ex-husband. The couple was ordered in preliminary relief proceedings to remove the online publication from the Internet “to the extent that these articles cannot be retrieved anymore in any way whatsoever by any search request on the Internet”. The order carried a penalty of EUR 2,500 for each day of non-compliance, with …read more