Brein vs. UPC Nederland: ISP may be obliged to provide information to rights holders

District Court Amsterdam, 24 August 2006, Judgment in the interlocutory proceedings, in the case between Stichting Brein and UPC Nederland B.V.

"Contrary to the allegation by UPC, BREIN has an adequate - urgent - interest in the relief sought, namely its interest in bringing alleged infringement activities to an end as quickly as possible. It cannot be required to wait for the results of a proceeding on the merits that has been raised in the meantime."

"A service provider may, in certain circumstances, be obliged to provide rights holders (or their representatives) with the information asked for. For this, 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 unlawful activities."

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

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