Linked by Thom Holwerda on Tue 28th Jan 2014 21:40 UTC
Legal

Today, the Court of Appeals of The Hague rendered its judgment in the appeal of internet service providers XS4ALL and Ziggo against anti-piracy organization BREIN. In first instance, the District Court allowed Brein's claims: an IP-block and DNS-block. Purpose of the block was to prevent the subscribers of the providers to access The Pirate Bay-website.

The Court of Appeals overturned the ruling, since the providers could show that the block had not been effective since the first ruling. In applying the case law from the European Court of Justice (ECJ), the Court of Appeal held that an access provider is not under an obligation to take measures that are disproportional and/or ineffective.

A win for us Dutch people, and hopefully, a ruling possible cases in other European countries can cite.

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I don't know
by saidge@yahoo.com on Tue 28th Jan 2014 22:03 UTC
saidge@yahoo.com
Member since:
2007-11-06

I don't really know if I'd call this much of a win, since it basically amounts to 'It doesn't work, so we wont make you do it.'

This implies if a viable and workable censorship solution could be found, it could be upheld. At least that's how I'm reading it.

Reply Score: 3

RE: I don't know
by kwan_e on Tue 28th Jan 2014 22:25 in reply to "I don't know"
kwan_e Member since:
2007-02-18

I don't really know if I'd call this much of a win, since it basically amounts to 'It doesn't work, so we wont make you do it.'


You know, I quite like the idea of rulings being overturned because they don't work. In fact, I'd go so far to say it's the best reason to overturn something.

Too many things stick around because it's a Good Idea(tm), even if it isn't really a good idea.

Reply Parent Score: 3

RE[2]: I don't know
by Fergy on Wed 29th Jan 2014 00:02 in reply to "RE: I don't know"
Fergy Member since:
2006-04-10

You know, I quite like the idea of rulings being overturned because they don't work. In fact, I'd go so far to say it's the best reason to overturn something.

Too many things stick around because it's a Good Idea(tm), even if it isn't really a good idea.

Can you think of a few rules in our society that don't work but are still good ideas? Do you think overturning those rules because they don't work is a good thing?

Edited 2014-01-29 00:04 UTC

Reply Parent Score: 2