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some people are just plain evil





badai
http://www.pcadvisor.co.uk/news/tech-industry/3299285/realnetworks-crushes-dutch-webmaster-for-hyperlink/

Quote:
RealNetworks has sued the owner of a website in The Netherlands for displaying a hyperlink to a competing freeware package. As the company seeks compensation for its claimed losses, the 26-year-old man is borrowing money from family to survive.

The case started in 2010 when RealNetworks demanded that the computers belonging to Hilbrand Edskes and his family be confiscated. A Dutch judge granted this in an ex-parte ruling, based on an alleged violation of copyright law and trademark law. The company claims that Edskes was hosting the infringing software. The move to secretly obtain the order was meant to ensure that evidence wasn’t deleted.

Edskes has a website, Codecpack.nl, that links to a wide variety of freeware programs. One of these is Real Alternative, a competitor of the mediaplayer RealPlayer from RealNetworks. RealNetworks alleges that the software violates their trademarks and copyright, and it wants to be compensated for all downloads via Codecpack.nl.

However, Edskes wasn’t hosting the software, but just redirected to other sites for the actual download. The complaint turned out to be based on a hyperlink to the software. To date there have been two court sessions, and in December Edskes will have to testify under oath.

There is a heavy pricetag attached to the case. So far Edskes has incurred more than €66,000 in legal fees. He says the costs cut his savings, hindering him from buying his own house. If he loses the case Dutch law requires him to cover all legal fees of RealNetworks. According to documents Webwereld.nl has studied these costs are nearly €75,000.

RealNetworks claims Edskes failed to remove the link to the software, and the reference in the DNS directories existed after February 12, 2010. However, the hosting provider checked backups and confirmed the removal of the link. The company that confiscated the computers has confirmed the immediate removal of the link. Unclear is the exact date the DNS reference disappeared, since backup cycles take longer. RealNetworks alleges the infringement was ongoing for 43 days and thus Edskes ought to pay €210,000 in fines. Edskes claims DNS caching is to blame for the delay.

It is remarkable that RealNetworks is going after Edskes. The software is available at many locations. The documents seen by Webwereld also show that the company is unaware of who the real creator of Real Alternative is. When asked a series of questions on the matter the company, through their Dutch legal firm, refused to comment. Questions will be answered only when the court has ruled, "no matter what the outcome is."
standready
The only ones that really win in these types of cases are the lawyers. Company gets a bad reputation for going after the accused and and accused has to pay out for protection.
ocalhoun
(Assuming the story as reported is true.)
I really hope the defendant wins -- and forces realnetworks to pay all legal bills -- and forces realnetworks to compensate him for time spent without confiscated equipment -- and forces realnetworks to compensate him (handsomely) for his time spent at court.

Couldn't they just follow the link, and at least go after the guy who was actually hosting (and therefore, distributing) it?


Also, RealPlayer? Even back in the 90's when that was current, nobody wanted to use it because other media players were better. Give up already.
I haven't seen RealPlayer in at least 5 years... and even then I only saw it as something that needed to be deleted to free up space.
shivaghimire
'There is nothing good or bad but thinking makes it so'.
loremar
That is certainly a way to make money. If you're not making good sales go after helpless copyright infringers.
Arty
Businesses can be very ruthless
missdixy
Man, this is horrible Confused
IceCreamTruck
badai wrote:
some people are just plain evil


Don't you mean ALL people are evil to a varying degree? Careful... it's the nice ones that hurt you the most! Smile Lawyers are not people... I thought we went over this!?!?!?

They have some remedies for being friends with cops and lawyers, but this kind of direct social interaction is regularly terminal as well. There is no real cure for this psychosis where the over regulated and rationalized mind begins to exhibit truly bazaar behavior as it attempts to drown it's harsh reality in a bath of naturally released dopamine, and adrenal induced, frenzy. In hyper-regulated frenzy they are cold like zombies, and they spout scripture and legal text like they are prerecorded tracks in a playlist queue.

Dynamic insidious attacks, such as the legal case mentioned, are, and can only be the work of a true `Grand Dragon`. Often times it takes entire cultures to rid these beasts of their thrones and power! Here we have a `Grand Dragon`, possibly a few of them, behind a standard corporate shield. It's beauty is that they can attack from behind the shield and if or when attacked, or destroyed, it's participants are rarely damaged. It's simply replaced by yet another corporate shield.

Alice, wake up! It's time for tea! Smile
ocalhoun
IceCreamTruck wrote:
exhibit truly bazaar behavior

They set up shop and try to sell things?
Aredon
I read the word realplayer and chuckled to myself at how horrible a program it is. I'm not surprised that they would be this desperate. That's just pathetic, a record low blow.
loyal
ocalhoun wrote:
Also, RealPlayer? Even back in the 90's when that was current, nobody wanted to use it because other media players were better. Give up already.
I haven't seen RealPlayer in at least 5 years... and even then I only saw it as something that needed to be deleted to free up space.


lol exactly. I guess suing people must be its only way to make money now!
_AVG_
It's a shame that everyone is just after money (and to what lengths individuals/organizations can go to get money). But on the other hand, would you blame them? Money does have its several benefits. Twisted Evil
c'tair
_AVG_ wrote:
It's a shame that everyone is just after money (and to what lengths individuals/organizations can go to get money). But on the other hand, would you blame them? Money does have its several benefits. Twisted Evil


Sure, but there are ways to make money that aren't aggressive towards other people. There are ways where both sides could make money. It's just entities like that company that prefer to attack instead of cooperating.
chasbeen
In my experience I have found that the big fish can say to anyone they choose that they have been affected by your actions and they can nominate any sum of money they choose.
Not only that they can be confident they will gain sums of money and cannot lose.
What the little fish must do is forget about "fighting it" it is usually a futile waste of time.
Good luck little fish you have to change and the first thing is do not let it destroy who you are.
Deferment
Well, This webmaster is gonna win the case, im from holland. And believe me, The judge will choose for this man. There have been so many cases in Holland about these problems. And everytime the statement from the judge is:
It is a redirection. The webmaster doesn't claim anything of this freeware as his own , he is just redirecting to another website. Redirecting is not illegal in Holland even downloading is allowed, with the idea behind you don't share/seed it, just keep it for your own!

Now let's hope that this webmaster doesn't have a bad judge.
chasbeen
I really hope he has a good judge but it must be worrying him.
It's ironic that a tech firm does not recognize that people can link to what they like.
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