Legal alert

Hosting provider found liable for damages caused by hosted website

October 30, 2012
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Legal alert

For the first time a hosting and internet service provider is held liable for damages in an anti-piracy case in the Netherlands (District Court of The Hague (the “Court”), 24 October 2012, BREIN v XSN).

For the first time a hosting and internet service provider is held liable for damages in an anti-piracy case in the Netherlands (District Court of The Hague (the “Court“), 24 October 2012, BREIN v XSN). The Court ruled that it is unlawful that provider XS Networks (“XSN“) refused to promptly quit hosting the (BitTorrent) website Sumotorrent after it became aware that this website facilitated infringement of copyrights and certain related rights. Also XSN’s (repeated) refusal to provide BREIN (“BREIN”) with all identifying information regarding Sumotorrent is unlawful.  The Court held that XSN has to compensate right holders for damages caused by its unlawful acts.

 

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