Brein vs. UPC Nederland B.V. II: Service providers obliged to provide information

District Court of Amsterdam, Interlocutory Proceedings of 24 August 2006, in the case numbered 345291 / KG 06-1112 AB of (the foundation) Stichting Bescherming Rechten Entertainment Industrie Nederland (BREIN) versus UPC Nederland B.V.

Copyright. A service provider may be obliged to provide the information sought to rights holders (or their representatives). For this purpose, the Court must first of all be satisfied that there have been (unlawful) infringement activities by the subscribers concerned and, secondly, that it is beyond reasonable doubt that those whose identifying information is made available are also actually those who have been guilty of the relevant activities. In such a case, it may be that the privacy interests of those concerned in retaining the secrecy of their information must yield to the interests of the rights holders in countering the illegal activities. Those criteria are applicable in this case.

Read the entire judgment here (translation provided by Stichting BREIN).

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