Stichting Thuiskopie has won a preliminary injunction against the German Q-Supply, via the site BigDennis to Dutch customers. The supplier must inspect into the books, on penalty of a fine up to one million euros.
Stichting Thuiskopie performs litigation against any suppliers who have not yet thuiskopieafdrachten do. The first summary proceedings is now won. The judge has the from Germany operating Q-Supply forbidden to continue to the Dutch to deliver without first the due remunerations for private copying to pay, according to the verdict. Q-Supply, supplies, among others, through the various BigDennis websites and via Ddvd.nl. If the company is not on the ban compliant, it should be a penalty of 250 euros per delivered blank media vehicle to pay, or 10,000 euro per day, with a maximum of one million euros.
In addition, it should Q-Supply his accounts open for Stichting Thuiskopie. Within two weeks, the company must have a full specification and all sales invoices-submission of the carriers to Dutch customers and will be delivered. There must, in any case, the type, number and/or playing time appear. Again following a penalty, in this case 10,000 euros per day, with a maximum of a million, if not this requirement is met.
Stichting Thuiskopie is pleased with the ruling. “We are on the basis of the Opus-ruling started writing to all suppliers that do not charge afdroegen,” says Hester Wijninga, spokeswoman for the foundation. “Most have their website closed, which is very wise. In eight cases, including BigDennis that was not the case.” The Opus-trial, the European Court of justice held that the Dutch thuiskopieheffing on cdr’s and dvdr’s must be paid by all suppliers in European member states operate.
Wijninga know that consumers do not have to fear that the foundation for them will knock on your door. “Consumers are no importers. It is purely to the number of supplied media carriers, and thus the amount can be determined. For importers that are industrial action and no charge to share them, is a question of unfair competition.” Tweakers.net could not spokespersons of Q-Supply and/or BigDennis to speak.