No BRAIN, no gain

The BREIN foundation (a self-appointed protector of copyright interests, although they prefer to claim to protect the holders) has lost a case against an MP3 search engine, http://zoekmp3.nl/.

IANAL, but this does seem an interesting case. As far as I can tell, the court agrees with most of the arguments internet users typically use. It concludes that linking is merely a form of referencing, and that the search engine has sufficient lawful purposes to be deemed legal itself.

Here is the decision. Christiaan Alberdingk Thijm was the lawyer who helped Zoekmp3 win the case; he’s the same guy who helped Kazaa win on appeal (but by then they had already fled the country).

More information at Digital Media Europe.

BREIN is appealing the decision.

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