"Regulatory Arbitrage" continues to go the way of "Devine Right of Kings"...
Cheers,
RAH
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Delivered-To: clips@philodox.com
Date: Fri, 25 Nov 2005 11:59:27 -0500
To: Philodox Clips List
From: "R. A. Hettinga"
Subject: [Clips] Dutch Court Orders Lycos To Reveal Client's Identity
Reply-To: rah@philodox.com
Sender: clips-bounces@philodox.com
http://online.wsj.com/article_print/BT-CO-20051125-002595.html
The Wall Street Journal
November 25, 2005 11:27 a.m. EST
Dutch Court Orders Lycos To Reveal Client's Identity
DOW JONES NEWSWIRES
November 25, 2005 11:27 a.m.
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THE HAGUE (AP)--The Dutch Supreme Court Friday ordered Internet company
Lycos Europe NV (LCY.XE) to reveal the identity of a client in a benchmark
decision on privacy that was praised by copyright groups as a way to go
after illegal swapping of music and movies online.
It is the first ruling of its kind in the Netherlands on Internet privacy
and could have far-reaching consequences for other Internet providers.
The country's highest court ruled that Lycos wrongly protected the identity
of a user who anonymously posted slanderous allegations against an Internet
postage stamp dealer on a member site. The dealer, who traded stamps on
auction site Ebay Inc. (EBAY), was accused of cheating buyers.
The claimant, identified in court documents only as A. Pessers, took Lycos
to court in 2003, seeking the details of its client so he could seek
financial damages allegedly resulting from the allegations.
Supreme Court spokesman Steven Bakker said the court found Pessers' claim
of having suffered damages sufficient to order Lycos to release the
client's name and address, even though no criminal offense had been
committed. It issued a sweeping rejection of Lycos' argument that personal
client details should only be released if they are suspected of a crime and
the information is wanted by the police.
"The court considers it probable that the information posted on the Web
site is illegal and damaging to Pessers," the ruling said. "Pessers has a
genuine interest in obtaining the client's details and there is no other
way to obtain them."
The Brain Institute, which represents the global entertainment industry in
the Netherlands, said in a statement that the ruling will enable it to seek
damages from people who illegally swap copyrighted software, music and
movies over the Internet.
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R. A. Hettinga
The Internet Bearer Underwriting Corporation http://www.ibuc.com/
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
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--- end forwarded text
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R. A. Hettinga
The Internet Bearer Underwriting Corporation http://www.ibuc.com/
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'