From CNET
The Church of Scientology has lost a courtroom battle to
compel a Dutch writer and her Internet service provider to remove postings
from a Web site, in a ruling that keeps hyperlinks to copyrighted material
legal.
On Friday, the Dutch Court of Appeal in The Hague, Netherlands, denied
the Scientologists' latest appeal in an online copyright dispute that dates
back to 1995. The Church of Scientology has repeatedly pursued legal action
in the Netherlands against the writer, Karin Spaink, and her local ISP,
Xs4all, over documents first posted in 1995 on the Web site of another
customer of the company.
In denying the appeal, the court also overturned two previous rulings
that lower courts had handed down. One of these decided that ISPs should be
held accountable for any illegal or copyrighted materials posted by their
subscribers and that ISPs should take down hyperlinks to such materials. An
Xs4all representative cited the overruling of that decision as the larger of
the two victories.
I think this establishes an important freedom of speech precedence for
the Internet and ISPs in particular, said Edith Mastenbroek, an Xs4all
spokeswoman. Any laws set to control how ISPs interact with copyright
laws must be made crystal clear.
Representatives for the Church of Scientology could not immediately be
reached for comment.
The disagreement began in 1995, when, according to Xs4all, a
representative for the Church of Scientology showed up at its office with a
legal official and attempted to take possession of the company's servers.
The quasi-religious group took issue with the publication of some of its
church documents on a Web site hosted by the ISP.
Spaink subsequently became involved, when she heard of the dispute and
posted the same documents to her own site hosted by Xs4all.
The Church of Scientology then filed a copyright lawsuit, demanding that
the published materials be removed from the sites in question. The church
also contended that the ISP should be held accountable for its subscribers'
activities in regards to copyrights.
But a District Court of Amsterdam judge ruled in favour of Xs4all and its
1996 subscribers, saying the posted documents were legal, based on
individuals' rights to quote from copyrighted material.
In a second lawsuit decided in 1999, the Amsterdam courts again ruled in
favour of the ISP, citing the right to freedom of speech. However, in that
ruling, the judge said that ISPs should be held accountable for posted
materials that might violate existing laws and copyrights.
That 1999 decision also made reference to hyperlinks to materials that
might infringe on copyrights. The ruling said that if a provider was made
aware of illegal publishing of copyrighted materials, or hyperlinks to
copyrighted information, it should take action and remove the Web site or
links.
Friday's appellate ruling quashed that decision as well.
Xs4all representatives said they were particularly happy with the ruling,
as it relates to hyperlinks.
After all, a hyperlink is merely a road marker on the Internet, and it
can therefore never be unlawful, the company said in a statement.
Scientologists have taken a vigorous approach to bullying critical Web
sites, pressuring site operators, ISPs and even Internet heavyweights such
as Google into removing links to Web pages. In 1999, Amazon.com removed but
later restored links to a book critical of Scientology.