To: Spartex who wrote (26365 ) 3/30/1999 7:56:00 PM From: DJBEINO Respond to of 42771
Novell Wins Key Legal Judgment On Online Copyright Violation 03/29/9 BRUSSELS, BELGIUM, 1999 MAR 29 (NB) -- By Steve Gold, Newsbytes. Novell [NASDAQ:NOVL] has secured a landmark legal judgment against a Belgium Internet Web/BBS (bulletin board system) operator. The judgment will act as a precedent in Europe for online copyright violations, since it effectively makes an Internet service provider (ISP) or Web hostmaster liable for material uploaded by a subscriber. Last week saw Renaat C., the owner of the Point Break BBS, convicted of copyright violation in the Hasselt Criminal Court and ordered to pay Novell 500,000 BF ($13,500) in damages. According to Novell, the damages are believed to be the highest awarded by a Belgium court for copyright violation. Facing charges of theft and copyright infringement, C. argued that he could not be held responsible for files uploaded to his system by other users and that the volume of software uploaded meant that controls could not be implemented. Judge Van Coppenolle ruled that the time required to perform these checks did not detract from C.'s legal responsibility. The judge also remarked that software uploaded to the BBS should have been placed in a secure area, not available to other users of the system. Henriette Tielemans, attorney with Covington & Burling, Novell's attorneys, said that the language in the judgment about the service provider's liability is crystal clear. "This is an important precedent, not just for Belgium but for the entire European Union," she said. Martin Smith, the manager of Novell's European Anti-Piracy Group, meanwhile, said that the judgment is an important milestone. "There can now be no doubt, that high volume of traffic does not remove the liability on the service provider to ensure that copyrighted software and other materials receive adequate protection," he said. According to Smith, piracy continues to be a major problem that affects not Novell, but also its dedicated reseller channel. "We expect to see the illegal trade in our products on the Internet increase moving forward, but this judgment will help us to protect our customers from the threats of copied software," he said. Smith noted that Novell investigated more than 1,300 cases of software piracy worldwide in fiscal 1998. Details of the firm's anti-piracy operations can be found on the company's Web site at novell.com . Reported by Newsbytes News Network, newsbytes.com .