ARTICLE
13 November 2012

Stichting BREIN - Landmark Court Decision With Far-Reaching Consequences For The Liability Of Internet Hosting Providers For The Conduct Of Clients

DB
De Brauw Blackstone Westbroek N.V.

Contributor

De Brauw Blackstone Westbroek is a leading international law firm, trusted by clients for over 150 years due to its deep engagement with their businesses and a clear understanding of their ambitions. While rooted in Dutch society, the firm offers global coverage through its network of top-tier law firms, ensuring seamless, tailored legal solutions. De Brauw’s independence enables it to choose the best partners while remaining a trusted, strategic advisor to clients worldwide.

The firm emphasizes long-term investment in both its client relationships and its people. De Brauw’s legal training institutes, De Brauwerij and The Brewery, cultivate diverse talent, preparing the next generation of top-tier lawyers through rigorous training and personal development. Senior leadership traditionally rises from within, maintaining the firm’s high standards and collaborative culture.

De Brauw has successfully defended anti-piracy foundation BREIN, eliciting a landmark ruling by the District Court of The Hague on 24 October 2012 which marks a new step in BREIN's battle against internet piracy.
Netherlands Intellectual Property

De Brauw has successfully defended  anti-piracy foundation BREIN, eliciting a landmark ruling by the District Court of The Hague on 24 October 2012 which marks a new step in BREIN's battle against internet piracy. For the first time a Dutch court ruled that an internet hosting provider is liable for damages resulting from activities on the website it is hosting. Liability was based on the fact that the host was unwilling to immediately cease its hosting services to an illegal (torrent) website. These damages may entail the revenues that copyright holders have missed because their music, movies, games and books have been downloaded and uploaded illegally via torrent website Sumotorrent.com for four years​. 

Stichting BREIN is a content protection foundation representing the majority of Dutch right holders for film, music, digital books, software and other multimedia works. 

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