Dutch Supreme Court: Usenet Service Provider Can Rely On Hosting Exception

On 27 January 2023, the Dutch Supreme Court issued a ruling regarding copyright infringement by a platform for Usenet services. The Dutch Supreme Court provided clarity about the application of the hosting exception of Article 6:196c(4) of the Dutch Civil Code ("DCC"), or, in other words, under which circumstances a platform operator can or cannot invoke the hosting exception. This judgment also elaborates on a claimed order for future resumption of hosting activities.

Proceedings in first instance

The case concerns, on the one hand, Stichting Brein ("Brein"), which acts as representative for owners of intellectual property rights, and on the other hand News-Service Europe B.V. ("NSE"), a worldwide platform operator for Usenet services. A large number of providers supports the Usenet platform.