The hired guns FIOD-ECD weren’t enough, Brein still needs two court decisions to go after Shareconnector and Releases4u. Better yet, shut down Ed2k and Bittorrent in Holland. “Raids o要 Ed2k and Bittorrent defined” showed that a criminal suit was unattainable. Now, Brein is gearing up for a civil suit. But, small detail: it already lost o要e decision and wasn’t even a party at the other.
“Raids o要 Ed2k and Bittorrent defined” showed that a criminal suit was unattainable. Now, Brein gearing up for a civil suit.
Zoekmp3.nl (Techno Design vs Brein)
As Webwereld.nl reported on Tuesday, Brein definitely will appeal the Techno Design case it lost last year.
The case primarily focused o要 the question if hyperlinks to mp3 files were infringing. The judge ruled that the search engine site did not infringe o要 copyrights by indexing and presenting links to mp3 files.
The Judge main argument: (Translation) “The o要ly relevant activity Techno Designs undertakes, is presenting users of the search engine the web-address and place where files can be found”
Most scholars agreed with the decision, albeit with mixed reviews about the judge’s arguments.
Brein needs to have this decision overturned otherwise it has a weak case against Shareconnector and Releases4u.
Despite the fact that search engines (like Google or Zoekmp3.nl) and forum sites are not alike, the fundamental of linking are still the same. Either mp3 link or ed2k link, the judge will assess them the same way, I hope.
Read the complete story @ FK2W
