Largest European Usenet provider lodges appeal in ‘Brein case’
Amsterdam, 8 November 2011 – On 28 September 2011, the District Court of Amsterdam reached a decision in the procedure on the merits of the case that Stichting Brein had brought against News-Service.com. The Court ruled that News-Service.com should cease ‘storing and offering material protected by copyright and neighbouring rights’ or be subjected to penalty payments.
Unfortunately it is impossible for News-Service.com to comply with the Court’s decision and, at the same time, to offer common Usenet services. The organisation has thus decided to lodge an appeal. Further, News-Service.com initiated interlocutory proceedings on 28 October 2011 and asked the judge to order Brein to cease execution of the verdict until the outcome of the appeal.
“Last Friday afternoon we learned that the judge has denied our claims,” notes Patrick Schreurs of News-Service.com. “As a consequence we were forced to cease our operations with immediate effect. This means the end of a healthy company, where seven people are employed. After fighting Stichting Brein for precisely two years and eight months (starting on 4 March 2009), we were forced to switch off our platform at 18.00 CET on 4 November.”
Schreurs continues: “We still feel we have a strong case against Stichting Brein. It’s incredible that the District Court has effectively forced us to terminate our business before the Court of Appeals has a chance to hear our grievances against the District Court’s ruling.” This judgment goes further than just affecting Usenet providers; it affects all internet service providers who facilitate a service which others can use. For this reason News-Service.com will fight the decision in appeal together with the internet industry.
However for News-Service.com the curtain has come down. “We would like to thank our clients and our suppliers for the confidence they have shown in us, also over the period of this court case. We would also like to note our particular appreciation for all the expressions of support we have received in recent weeks. Finally we would like to express our warm gratitude towards our employees. We truly value their commitment and fighting spirit, especially during the uncertain period of the past two years caused by the lawsuit brought by Stichting Brein. We wish them all the best,” concludes Schreurs.
News-Service.com is the trade name of News-Service Europe B.V. The company provides access to the worldwide Usenet for exchanging messages between users. Founded in 1979, Usenet was one of the earliest forms of internet. It is used to exchange text messages and files through newsgroups in an email-like way. News-Service.com was founded in 2004 and is based in Amsterdam. News-Service.com is managed by Wierd Bonthuis and Patrick Schreurs. For more information, please visit News-Service.com.
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