In the course of the implementation of the European telecommunications package, a set of proposals has been introduced to the Dutch Telecommunications Law (Telecommunicatiewet) to safeguard an open and secure internet for the Netherlands. The proposals include a net neutrality provision (Articles 7.4a and VIb of the draft amendment), an anti-wiretapping provision (Article 11.2a of…

By Axel Arnbak, IViR. Last week, a Dutch district court ruled that two internet access providers, Ziggo & XS4ALL, have to block customers’ access to the IP-addresses and (sub)domains of The Pirate Bay. The providers will appeal the ruling of the District Court of The Hague. Amidst global PR-hurricanes on the legality of website blocking,…

The summer is no longer quiet for the communications departments of most public sector organizations across the Netherlands! The age long practice of circulating hard copies of newspaper clippings among the employees of an organization is seriously compromised following a decision of the Court of appeal of Leeuwarden. On 13 July, the Court ruled that…

As reported by the Dutch commentator Lucie Guibault in her recent Blogpost the Dutch government (in the person of the secretary of state, Fred Teeven) plans to restrict the private copying limitation. Downloads from “obviously illegal sources” shall be declared unlawful. In Germany such a rule exists already, implemented in the course of the first…

On April 11, 2011, the Dutch secretary of state, Fred Teeven, sent his long awaited ‘Priorities Letter Copyright 20@20 ” to the House of Representatives. Among the priorities mentioned, is ‘the promotion and protection of new business models on the Internet through a bill to combat infringing websites and facilitating a re-evaluation of the private…

Discussions around a fair use defence are not new in The Netherlands. Already in the years immediately following the adoption of the EU Copyright Directive, the idea of introducing a fair use defence in the Dutch Copyright Act had given rise to heated debate, at least in the literature. The debate recently resurged when the…