JOURNAL ARTICLE

Assessing Whether a Usenet Service Provider Is Entitled to Rely on Exemption from Liability.

  • Published In: GRUR International: Journal of European & International IP Law, 2024, v. 73, n. 4. P. 371 1 of 2

  • Database: Legal Source 2 of 2

Abstract

This document provides an overview of a legal case in the Netherlands involving Stichting Brein and News-Service Europe B.V. The case centers around whether a Usenet service provider can claim exemption from liability under Dutch copyright law. The Supreme Court ruled that while providing a platform for information exchange does not automatically disqualify a provider from claiming exemption, if the provider actively communicates with the public or deliberately allows access to copyrighted content, they cannot rely on the exemption. The court of appeal found that NSE, the service provider in question, had a passive and technical role, did not have knowledge of illegal activity, and had effective procedures for removing illegal content. The court also determined that NSE was not liable for copyright infringements committed by its users and ordered Brein to pay NSE's legal costs. [Extracted from the article]

Additional Information

  • Source:GRUR International: Journal of European & International IP Law. 2024/04, Vol. 73, Issue 4, p371
  • Document Type:Article
  • Subject Area:Computer Science
  • Publication Date:2024
  • ISSN:26328550
  • DOI:10.1093/grurint/ikae009
  • Accession Number:177205354
  • Copyright Statement:Copyright of GRUR International: Journal of European & International IP Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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