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Intermediary classic decided in favor of intermediary

The Dutch Court of Appeal in Leeuwarden has ruled in favor of an online market platform with regard to its liability for intellectual property infringements and the burden of policing for unlawful use of its platform. The case between Stokke, the producer of the Tripp Trapp highchair, and Marktplaats, an eBay subsidiary and the most popular Dutch online market, is a long-running intermediary liability classic in the Netherlands, with earlier District Court rulings in 2006 and 2007.

Using recent judgments about intermediary liability of the ECJ, the Court rejects a long variety of arguments why the intermediary should not be considered passive enough to be considered a hosting provider (Artic [...]

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