Volume II

Issue : 7: April 1, 2004

• Philippines Government to Benefit from Online Gambling
• World Trade Organization Rules that the U.S. Should be Opened to Internet Gambling
• Accountant Sues Search Engines for Libel for "Injurious" Search Results
• Court Finds New York Times Liable for Defamation for Use of Companys Graphic in Article
• Japanese Court Finds No Copyright Exists in Web News Headlines
• European Union Hits Microsoft with Record $613 Million Fine for Antitrust Abuses
• B.C. Supreme Court Finds Potential Liability for Chat Room Owners over Postings
• German Court Rules Pop-Up Ads Require Permission
• The Dutch Supreme Court Rules ISP can Ban Spammers
• Privacy Commissioner of Canada Releases New Decisions
• California Appeals Court Finds Personal Jurisdiction over Two Out-of-State Businesses
• Canadian Federal Court Dismisses Motion to Compel ISP to Disclose Identity of File Sharers

Home > Volume II > Issue 7: April 1, 2004 > The Dutch Supreme Court Rules ISP can Ban Spammers

The Dutch Supreme Court Rules ISP can Ban Spammers

The Dutch Supreme Court has affirmed a trial court's decision to allow an ISP to ban a spammer from using its network. The case was first initiated in 2002 by XS4ALL, a leading ISP and a subsidiary of Dutch Telco KPN, against AbFab, a Dutch direct marketer. XS4ALL was successful in obtaining a judgment from an Amsterdam trial judge who had imposed a fine on AbFab for using the ISP's network to send spam. The trial judge's decision was later overturned by the appellate court on the basis that AbFab had acted within the Dutch law, as it then existed. However, on a final appeal by the ISP to the Dutch Supreme Court, the trial court's decision was restored.

For news coverage of the case, visit:
http://www.dmeurope.com/default.asp?ArticleID=1220