Subject: Student wins court case
From: Emanuella Giavarra (ecup.secr@dial.pipex.com)
Date: ma 23 maalis 1998 - 15:02:00 EET
Dear list members,
The Dutch student that was taken to court by publisher Vermande does not
have to remove the texts of law from its Web-site, the court ruled last
Friday. Publisher Vermande arguments were based on the protection of
writings in the Dutch Copyright Act and the EU Database Directive which
had to be implemented before 1 January 1998 in Dutch law, but has been
delayed. The judge decided that according to the Dutch Copyright Act
texts of law are free of copyright. When the EU Database Directive would
be implemented in Dutch law the Vermande CD-Rom would qualify as a
database and would be protected as such, unless the legislator provides
for an exception for texts of law as the Dutch Copyright Act provides
for at the moment.
The lawyers on either side, S. Oosterom for the publisher and Dirk
Visser for the student were pleased with the judgement. The lawyer for
the publisher expressed the wish for a rapid implementation of the EU
Database Directive and the lawyer for the student hopes for an exception
for texts of law when the EU Database Directive will be implemented.
It is now up to the legislator.
Kind regards,
Emanuella Giavarra
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