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BREIN: Court Finds Newsgroup Indexer FTD Committed Copyright Infringement
June 2, 2010
Thomas Mennecke
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News is trickling in that Usenet indexer FTD, who is currently in deep trouble with BREIN, has been found liable for copyright infringement by a Dutch court. This news comes after the Plaintiffs in the case were able to obtain an "ex parte injunction" against FTD, which prohibited the site from making available the Dutch film "A Woman Is Seeing The Doctor". Today, the court ruled that FTD had illegally distributed the movie.

Currently, the only news source available on this is from a BREIN press release, although we have emailed FTD in hopes for clarification and confirmation. Interestingly, at least according to the BREIN release, is that the judge likened FTD closer to the Newzbin case than Mininova. Apparently, the judge felt FTD played a much closer hand in making content available than Mininova did. From the rather confusing release:

"The judge states that he is not joining the verdict in BREIN/Mininova in which the court considered it relevant that Mininova was not directly involved with the up-and downloading and did not possess the actual content at any moment (*). Instead the judge joins the more recent verdict of the English judge in the comparable Newzbin which concludes unauthorized making available in spite of the fact that the content files themselves are hosted on Usenet and not on the service of Newzbin."

It's been an up and down day for newsgroup indexers - Newzbin is back online, but trouble may looming for FTD.

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