We’ve seen a few other cases like this and never can understand how a court thinks it’s reasonable for a third party service provider to know how to block its system from being used for infringement, but that’s exactly what’s happened in the Court of Amsterdam. Dutch anti-piracy group BREIN has apparently won a lawsuit against Usenet provider News-Service.com (NSE). The court has ordered NSE to magically make all infringing works available via Usenet disappear. Of course, if you understood how third party systems work, you would know that the only way to do that is to no longer be an open platform, which takes away all the value of such a service. NSE responded pretty much as you would expected — in shock about the impossibility of the order:

We are very disappointed with the Court’s verdict. It is technically as well as economically unfeasible to check the contents of the 15 to 20 million messages that are exchanged on a daily basis. Added to which, there is no automated way of checking whether Usenet messages contain copyrighted material or whether permission has been obtained for the distribution of such material.

It’s kind of amazing that a court of law can’t understand how the internet works. For its part, BREIN claims that this is “a breakthrough step.” Yeah, taking down major communication platforms because the organizations you represent refuse to adapt. That’s a “breakthrough”?

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