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Netherlands bans illegal downloading

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Re: Netherlands bans illegal downloading

#21
post #5

This is not specific to The Netherlands, it holds for all EU member states that did not already have laws declaring downloading of copyrighted material illegal.

The Netherlands up to now saw the issue the same as copying levy thus allowing his citizens to download movies, music and books from illegal sources.

Re: Netherlands bans illegal downloading

#22
post #19
post #17

Earlier quoted context omitted.

Not necessarily. For example, in the Netherlands one cannot be punished for being illegal here[0]. Edit: added a link for clarity. [0]: http://www.dutchnews.nl/news/archives/2014/04/cabinet_drops_...

> in the Netherlands one cannot be punished for being illegal here This doesn't make sense as a sentence. Surely the Netherlands has a justice system and prisons, and surely those people in prison are there because they were convicted of doing something illegal. So it stands that you can and will be punished in the Netherlands for doing something illegal.

wsc981 made an unfortunate language error / directly translated a Dutch expression to english; 'being illegal' in his example translates to living in the Netherlands as an illegal immigrant, which, while 'illegal', is not actually enforced as a crime.

Re: Netherlands bans illegal downloading

#23
post #11

When will the world catch up with the fact that The Netherlands is not more the liberal country it once was? The boringness of Denmark combined with the social problems of the UK, that's where it's heading.

As well as a migrant population whose extremist religious observance tests the patience of the long-standing Dutch tolerance and liberal values.

Re: Netherlands bans illegal downloading

#24
post #19
post #17

Earlier quoted context omitted.

Not necessarily. For example, in the Netherlands one cannot be punished for being illegal here[0]. Edit: added a link for clarity. [0]: http://www.dutchnews.nl/news/archives/2014/04/cabinet_drops_...

> in the Netherlands one cannot be punished for being illegal here This doesn't make sense as a sentence. Surely the Netherlands has a justice system and prisons, and surely those people in prison are there because they were convicted of doing something illegal. So it stands that you can and will be punished in the Netherlands for doing something illegal.

I think what he meant was that you can't be punished for being an "illegal alien" in the Netherlands.

"Illegal residence is only punishable if the party involved has been declared 'undesirable'" (http://en.justitiaetpax.nl/project/aliens-detention-in-the-n...)

Re: Netherlands bans illegal downloading

#25
post #19
post #17

Earlier quoted context omitted.

Not necessarily. For example, in the Netherlands one cannot be punished for being illegal here[0]. Edit: added a link for clarity. [0]: http://www.dutchnews.nl/news/archives/2014/04/cabinet_drops_...

> in the Netherlands one cannot be punished for being illegal here This doesn't make sense as a sentence. Surely the Netherlands has a justice system and prisons, and surely those people in prison are there because they were convicted of doing something illegal. So it stands that you can and will be punished in the Netherlands for doing something illegal.

Yes. But not for being illegally there (here).

Re: Netherlands bans illegal downloading

#27
post #4

To Clarify, banning illegal downloading sounds quite logical. Until now, downloading of copyrighted material such as movies, tv shows and music was allowed for personal use. This apparently has been overruled by an EU court. Quite interested to see what this is going to change....

I think very little will change. A little background: The Netherlands has for a long time allowed for people to make a copy of media (video, music, but not software), for personal use. This included media you'd borrow from a library, for example, or even your neighbor. To compensate, carriers (optical media, flash memory and the like) are a bit more expensive because an additional fee (of several euros; height depend…

I'm pretty sure the 'home copy' law doesn't allow you to copy stuff from the library; these works still fall under copyright law, after all, and each of them has a big disclaimer in the front saying no part of it may be copied.

The 'home copy' law is so you can create copies for your own use of material you bought yourself, as long as you keep it to yourself - things like transferring a CD to your mp3 player.

Similarly, it is (was?) legal to download copyrighted material to your own computer for your own use, if you already owned the material.

There is/was another loophole in the copyright law, which states it's not allowed to distribute copyrighted material. However, this law doesn't state anything about receiving and using copyrighted material; it's the distributor / uploader that's responsible for that. And since, in the case of internet piracy, that uploader is often not under Dutch jurisdiction, it kinda falls on its face.

Re: Netherlands bans illegal downloading

#28
post #19
post #17

Earlier quoted context omitted.

Not necessarily. For example, in the Netherlands one cannot be punished for being illegal here[0]. Edit: added a link for clarity. [0]: http://www.dutchnews.nl/news/archives/2014/04/cabinet_drops_...

> in the Netherlands one cannot be punished for being illegal here This doesn't make sense as a sentence. Surely the Netherlands has a justice system and prisons, and surely those people in prison are there because they were convicted of doing something illegal. So it stands that you can and will be punished in the Netherlands for doing something illegal.

He means 'being illegaly there', i.e. being an illegal immigrant. This was part of a recent political debate; it was reconfirmed as not being punishable. It would have affected mostly individuals that are also banned from entering their homeland, and are ping-ponged back to the Netherlands.

Re: Netherlands bans illegal downloading

#29
post #5

This is not specific to The Netherlands, it holds for all EU member states that did not already have laws declaring downloading of copyrighted material illegal.

The case for Germany is kind of weird, though: downloading is illegal, but streaming is not (or, to be more precise, it's the streaming service's job to make sure they don't host illegal content[1]).

So essentially I'm not allowed to download a movie, but I'm allowed to load it in my browser and watch it later.

However! If I copy the file from the browser's cache to another directory, then that's again illegal. I find this puzzling, but then again, I won't be the one who complains for having a loophole (or is it?) that allows me to download any movie without fear of retribution.

[1] https://torrentfreak.com/viewing-pirated-streams-is-not-ille...

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