Usenetaanbieder News-service Europe will not get a postponement to comply with a prohibition on the offering of infringing content. The court rejects a claim for suspension of the by Brein advanced prohibition.
News-service Europe was given in september of the presiding judge to hear that the access to auteursrechtschendende content via are usenetdiensten within four weeks, had to delete. The Amsterdam court held Brain in the right and appeal against the decision would have no suspension cause. The usenetaanbieder began, however, a executiegeschil, with the claim that it is a legal mistake would be and the verdict, therefore, an abuse of authority.
The judge decided Friday, however, the disadvantage of News-service Europe. The provider appealed, among other things, on the recent Premier League/Murphy judgment of the European Court with the argument that binary files are not copyright protected works. According to the court, the two situations, however, are not comparable, in part because of News-service Europe the files for a long time to save.
Also, would the judgment against the usenetaanbieder not in conflict with the judgment of l’oreal/eBay. Finally, the court is not involved in the defence of News-service Europe that it comply with the judgment in fact would imply that all services stopped should be. This would be the judge in his initial decision are taken into account, writes Brain. News-service Europe has against that ruling, also appealed, but this does not suspend the need to comply with the ruling.