Brein vs. KPN: Telecom carrier ordered tot disconnect bittorrent infringer

Court Of The Hague, 5 January 2007, Judgment in the summary proceedings, in the case between Stichting Brein and KPN Telecom B.V.

Torrent files of e.g. films, music and software were being offered on a bit torrent website. The website owner has a contract with KPN. Stichting Brein requested the Court to order KPN to disclose the name and address details of the website owner and to disconnect the current ADSL connection of the contracting party in question and any other Internet connection to be used by that party for that website or for a similar website.

In the opinion of the Summary Proceedings Judge, the actions of the website owner are wrongful, not because the website owner is infringing the copyrights or neighbouring rights vested in the rightful owners, but because its actions conflict with the due care to be observed towards the rightful owners. It is facilitating structural infringement of copyrights and neighbouring rights. The Summary Proceedings Judge orders KPN to provide Stichting Brein with the name and address details of the website owner and to disconnect the ADSL connection of that contracting party if it again places the website in question or a similar website on the Internet via that Internet connection.

Read the entire judgment here (judgment made available by Bas Vissers, Stichting Brein).

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