"Regulatory Arbitrage" continues to go the way of "Devine Right of Kings"... Cheers, RAH ------ --- begin forwarded text Delivered-To: clips@philodox.com Date: Fri, 25 Nov 2005 11:59:27 -0500 To: Philodox Clips List <clips@philodox.com> From: "R. A. Hettinga" <rah@shipwright.com> 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. -- 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. -- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> 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' _______________________________________________ Clips mailing list Clips@philodox.com http://www.philodox.com/mailman/listinfo/clips --- end forwarded text -- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> 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'