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Deutsch: Niederländischer Internetdienste-Anbieter muss The Pirate Bay nicht s...
The Court of The Hague, in a decision of 19 July 2010, dismissed a request by Dutch copyright enforcement organisation Brein to order Internet provider Ziggo to block access to The Pirate Bay.
In its decision in summary proceedings, the court states that it is only possible to grant a blocking order with regard to The Pirate Bay if Brein also shows that Ziggo's customers are using The Pirate Bay to infringe copyright. Brein did not prove this and blocking The Pirate Bay would affect all Ziggo's subscribers and not just the ones using The Pirate Bay.
In addition, the court also noted that a blocking order can only be granted if there are no less intrusive measures available. The court notes that going after individual infringers can be considered less intrusive. Brein has not done so.
Brein has lodged main proceedings to order Ziggo to block The Pirate Bay and has announced that it will appeal the decision in summary proceedings.
Decision (only in Dutch, 19.07.2010)
http://www.rechtspraak.nl/ljn.asp?ljn=BN1445
Dutch enforcement organisation requests blocking The Pirate Bay (5.05.2010)
http://www.edri.org/edrigram/number8.9/brein-asks-ziggo-blocking-pirat...
(Contribution by Ot van Daalen - EDRi-member Bits of Freedom - Netherlands)