A movie studio has won a lawsuit against Dutch Usenet community FTD. In a surprising decision, a court reasoned that by allowing the publication of the location of pirate movie stored on Usenet, FTD was effectively publishing the movie as if they had actually hosted it on their own servers.
In this case the “making available” wasn’t hosting or storing the movie, nor was it offering torrent or NZB links to it either. FTD allows users to report (or ’spot’) the locations of files which exist on Usenet. It is the publication of this information which Eyeworks was seeking to stop, an activity it believes is tantamount to publishing the movie itself.
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