Legal Alert - Two Remarkable Copyright Rulings 

The Court of Appeal of The Hague ruled, on 15 November 2010, in two separate cases that downloading from illegal sources for private use is permitted under Dutch law.

In ACI et al. v. Stichting de Thuiskopie the question was how the Dutch private copy levy (the “thuiskopievergoeding”) on blank CDs and DVDs should be calculated. Contrary to the decision of the District Court, the Court of Appeal ruled that downloading from illegal sources is permitted and should therefore be taken into account when determining the level of the levy: that should also compensate for loss of income due to downloading from illegal sources

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