Dutch Court: €1000 fine per illegal copy or one day in jail for 10 copies

Author: Martine Wubben - 20-04-2011

The court of Rotterdam this week ordered two Dutch citizens to cease selling illegal CDs and DVDs in their market stall or risk a fine of €1,000 per illegal copy, or, if preferred by Dutch anti-piracy organisation Brein, one day in jail per ten illegal copies found.

Brein and the Dutch financial investigation bureau (FIOD) first encountered the illegal traders in 2004 and 2005. Both subsequently signed an anti-piracy treaty with Brein, in which they declared to cease their infringing trade or risk a fine of €500 for every illegal copy that they distribute. 

The signees did not quite stick to their anti piracy promise. In 2006, they were discovered to trade in illegal copies of movies and music on a market in Maastricht. The court of Maastricht convicted one of the salespersons to a payment of a fine of €400 in 2008. After, in March 2007, one of them was again found to be selling 321 illegal copies on a market in Roosendaal, Brein ordered him to pay damages of 321 times €500, or €160,500 in total. Furthermore, the salesperson signed a notarial declaration, in which he or she pledges, amongst others, to refrain from the trade in unlawful copies and to pay the outstanding fine. 

Payment of the monthly terms has thus far not taken place. To make it even worse, one of the salespersons was found with 181 illegal copies on a market in Roosendaal in 2008. 

The two salespersons have now been convicted by the Court of Rotterdam to immediately cease the trade in unlawful copies of copyrighted content on CD and DVD on order for a penalty payment of €1,000 per copy (with a maximum of €5,000) or, if so chosen by Brein, one day in prison for every ten illegal copies (with a maximum of 10 days per calendar month). Furthermore, the salespersons are each or together fined for the amount of €2,500 and €3,500 and to pay Brein’s procedural costs of €5,455.34.

Would this convince the two market traders not to pick up their shady business again?

Click here for the verdict of the court of Rotterdam of 13 April 2011 (via Boek9.nl) (in Dutch).

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