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ARTICLE · 18 NOVEMBER 2015

Anonymous Sellers Of Illegal E-Books More Easily Unmasked

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

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If an anonymous trader sells illegal e-books online, the internet service provider may be ordered to reveal the infringer's identity.

NetherlandsIntellectual Property

If an anonymous trader sells illegal e-books online, the internet service provider may be ordered to reveal the infringer's identity. As recently decided by the District Court in The Hague, the interests of the copyright holder may prevail over those of the trader and the internet provider. The anonymous trader does have a right to privacy and freedom of speech, which also includes the right to remain anonymous, but these rights will have to be weighed against the right of the copyright holder to protect its property. Furthermore, the internet service provider's freedom to do business does not release it from its obligation to help put an end to copyright infringements. Copyright holders should therefore bear in mind that there are ways to obtain the details of anonymous infringers. And it is important for service providers to be aware that they may be forced to provide these details to copyright holders.

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