Document type
Court Decision
Country
Online marketplace Marktplaats is covered by the hosting safe harbor provision in Article 6:196c(4) of the Dutch Civil Code with regard to copyright infringing advertisements. The Court of Appeals held that a service provider is neutral when it provides its service without prejudice to all its users. The fact that an intermediary acquires knowledge through a notification or through the monitoring of its website for unlawful and unwanted information does not imply that the intermediary loses its neutral position.
Country
Year
2012
Topic, claim, or defense
Copyright
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Marketplace
Type of law
Civil
General effect on immunity
Strengthens Immunity