In the second piece of good news out of the Netherlands today, and another blow to Dutch anti-piracy outfit BRIEN, a man who has admitted uploading more than 5000 e-books to The Pirate Bay has won an appeal against an earlier failed criminal prosecution demanded by BRIEN.
BRIEN reported the uploader to the authorities, and argued in a court case last January that he should face criminal charges. The court disagreed, and threw the case out on the grounds that current policy only demands criminal proceeding if the defendant is part of a criminal organization commits the piracy as part of a business operation, and neither of these applied.
Unhappy with the decision, BRIEN appealed, but the courts have again reached the same verdict,
‘It is not alleged or proven that the defendant endangered the health or safety of society. Nor does the record show that the aforementioned act was committed in the course of trade or business. The same applies to the involvement in criminal organizations or organized crime.’
Needless to say, BRIEN (who still have the option of taking civil action against 23 year old Stefan K) are not amused,
‘Even if each book cost just one sale, there would already be 50,000 euros in lost revenue. The real damage is a multiple of that because the books have been downloaded countless times,’ said BREIN director Tim Kuik.