Techno Design, an (online) payment provider, has been ordered in interlocutory proceedings to provide address, e-mail-, IP- and bank account data of one of her costumers, an illegal filesharingwebsite, to Dutch BREIN. BREIN, a foundation looking after the interests of the entertainment industry in the Netherlands, proved the judge that it has an urgent interest and that the well-known Lycos-Pessers criteria were met. 

Techno Design offers an online payment service, allowing users of a website to make payments to the holders of a website. Techno Design’s costumers can integrate the payment application into their website. Techno Design receives payments through this application and forwards the amount, probably under deduction of a commission, to the costumer.  

Through so-called ‘tokens’ (financial compensation as signs of appreciation), users of the illegal file sharing website www.greece-forever.info gained access to special services, such as better functionalities and faster downloads. To finish the payment of ‘tokens’ the website used Techno Design’s online payment service.

Since Greece-forever.info refuses to disclose the names of its managers, the website’s domain name has been registered by a foreign firm known for hiding website holders’ real identities and the website’s hosting provider does not respond, BREIN found itself obviously forced to hold accountable Techno Design for handing over identifying information on account of tort law. The judge stated that it fulfilled all the requirements as put forward in the Lycos-Pessers judgement.

Techno Design and BREIN already had a legal history. In 2004 and 2006 both parties already faced  a judge. That case concerned about the question whether Techno Design  infringed copyrights or acted unlawfully by making available the website zoekmp3.nl. The Court of Amsterdam concluded that Techno Design acted unlawful by structurally using illegal music files and receiving income out of this service. 

In September this year BREIN already announced that it plans to tackle payment providers. The same month BREIN requested Techno Design, this time operating as a payment provider, to provide identifying data of an infringing accountholder to BREIN under threat of an interlocutory proceeding. Following a press release by BREIN the payment provider received much criticism. Criticism on previous press attention was however not relevant in regards of the current claim, ruled the judge.

Read more about tackling payment providers regarding online copyright infringement on FutureOfCopyright.com:

• Hadopi starts consultation for new legal measures against illegal file sharing sites 
• PhonepayPlus to combat online copyright infringement 
• Dutch BREIN foundation counts on payment providers to tackle illegal file sharing sites 
• Paypal stops payments to file sharing sites  

Reference: Tweakers.net, Boek9.nl, IEPT.nl