The defunct News-Service.com, once one of the leading Usenet providers with many prominent resellers, has scored a court victory against Dutch anti-piracy group BREIN. The appeals court overturned a previous verdict and ruled that the Usenet provider doesn’t have to monitor and filter pirated content.
In 2009, Dutch anti-piracy group BREIN, representing the movie and music industries, took Europe’s largest Usenet provider News-Service Europe (NSE) to court.

Through the court BREIN demanded that NSE delete all infringing content from its servers, and in 2011 the Court of Amsterdam sided with the copyright holders.

The Court argued that NSE willingly facilitated copyright infringement through its services. In its verdict the Court ruled that NSE had to remove all copyrighted content, and filter future posts for possible copyright infringements.

Responding to the verdict the Usenet provider said that it was economically unfeasible to filter all messages. The company therefore saw no other option than to shut down its services while the appeal was pending.

This week the Appeals Court ruled on the case overturning the previous verdict, setting a more positive precedent for Usenet providers and similar services.

Read the full article at Torrent Freak

A federal court in California has ruled that Usenet service provider Giganews is not guilty of copyright infringement, nor can it be held responsible for customers who do pirate content. The case in question was brought by adult magazine publisher Perfect 10 which previously lodged similar complaints against Amazon, Google and RapidShare.
Adult magazine publisher Perfect 10 has made a business out of suing online services for allegedly facilitating copyright infringement.

Over the past several years the company has targeted a dozen high-profile companies including Google, Amazon, Yandex, MasterCard, Visa, RapidShare, Giganews and Depositfiles.

Aside from a few private settlements the company has yet to score its first victory in court. The company was confident that this would happen in their prolonged battle with Usenet provider Giganews, but late last week these hopes were shattered.

On Friday the U.S. District Court for the Central District of California ruled on several motions (1, 2, 3) regarding Giganews’ liability for copyright infringement, as well as the nature of its DMCA takedown process.

In its order the court confirms that there is no evidence that Giganews is directly involved in any infringing practices.

“A claim for direct copyright liability demands evidence that the defendant had a direct hand in causing the infringement. The undisputed evidence before the Court, however, demonstrates that Defendants had no direct causal role in the alleged infringement,” the order reads.

According to the Court, Perfect 10 confuses direct and indirect copyright infringement, as the company has presented no evidence that Giganews employees are engaged in distributing pirated content.

Furthermore, claims of indirect copyright infringement also failed. The Court didn’t accept that Giganews is liable for the alleged copyright infringements of its users, as there is no proof that the company enjoyed direct financial benefit from any Perfect 10 images its subscribers may have distributed….

Read the full article at Torrent Freak