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posted by n1 on Thursday April 10 2014, @10:53PM   Printer-friendly
from the read-your-laws-how-you-want dept.

In the Netherlands, there used to be no such thing as "illegal downloads". All downloads used to be legal, irrespective of the origin. The basis for this legal viewpoint was the law that deals with most copyright issues (Auteurswet Dutch), which allows people to have copies of copyrighted works for private use and or study (Article 16b sub 1). This led to the creation of a curious system, in which devices capable of storing "content" (USB sticks, harddisks, DVRs, laptops, desktops,...) were levied to compensate the expected loss of income proportional to the device's storage capacity.

That is about to change, as TorrentFreak (English) reports:

The European Court of Justice has ruled that the Netherlands can no longer permit its citizens to freely download copyrighted movies and music without paying for them. In its judgement the Court rules that the current system of a "piracy levy" to compensate rights holders is unlawful.

Important to note is that, as it stands, the law doesn't change it's only to be interpreted differently. The Dutch civilian-rights organization "Bits of Freedom" calls the ban "undesirable" because it opens the door to undesirable blockades, filters and restriction of freedom. You can read Bit's of Freedom's article here (Dutch).

Tweakers.net has created a small FAQ on the subject, you can visit it here (Google Translate) or view the original in Dutch.

 
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  • (Score: 1) by FakeBeldin on Friday April 11 2014, @09:13AM

    by FakeBeldin (3360) on Friday April 11 2014, @09:13AM (#29927) Journal

    That's why I phrased it like that in in the submission: the concept of illegal downloads now does exist in the Netherlands. It is a download from a source that does not have the rights to distribute the material.
    It is now illegal to download copyrighted materials from sources that do not have the right to distribute them.
    You're still allowed to download stuff from iTunes, for example.

    And the fact that it can be neigh-on impossible for an end-user to tell the difference between legal distribution sources and illegitimate ones is the reason we used to not have such a thing as "illegal downloads".

    But, alas, we do now.