Minutes and sms are goods like any other goods can be stolen from the rightful owner. That the supreme court ruled in the case of a company against a former employee who has a sim card of the case used.
Calling minutes and sms can be seen as goods, because the the unit is that telecomdienstverlening is settled, so the reasons for the High Council, the highest judicial power in the Netherlands. The High Council agrees with the Court of appeal, the lower court, which tend to be of the same opinion. “The Court has the in the charge terms used voice minutes and sms-messages apparently and not incomprehensible to understand the economic meaning assigned to them in the normal parlance is granted, to know if serving to the indicated forms of telecommunicatiedienstverlening to be able to quantify and account.”
Because calling minutes and sms for virtual goods, it was until now unclear whether they are, in a legal sense could be seen as ‘property’ that is stolen could be. The supreme court has now ruled that it is, indeed, to goods, and that people are so punishable if they use that while they do not belong to them.
The High Council came to the decision in a case of a company against a former employee, who, in his resignation a working sim card was included and it was called on the phone and texting, with a bill of several thousand euros as a result. The company believed that the ex-employee calling minutes and sms messages had been stolen, while the former worker found that it is not as theft could be seen.
Although voice minutes and sms messages can be stolen, ruled the High Council, that the Court of appeal, the case must be redone. The ex-employee had signed a statement to the police before he on his rights was made or a lawyer should call. Therefore, his statement is not legally valid and had the Gerechsthof that is not in evidence if allowed to use, so the High Council.