Liability Of Internet Providers

If an illegal version of a software programme is distributed on the internet via an internet provider, the owner of the copyright might want to initiate proceedings against the provider to claim damages. According to the decision of the President of the District Court the Hague in the 'Scientology Church'-case (decision of 12 March 1996) the liability of the provider depends on the extent that he is responsible for the information. This refers to the various functions an Internet provider may have: as access provider, service provider, provider of infrastructure or as the content provider (or a combination). If the Internet provider has provided the information himself he clearly is liable for that information. If he is just delivering the backbone (infrastructure) or providing access, it is not likely that he can be held liable for that information. The situation is less clear if the provider is not only providing access to the Internet, but also delivering additional services to