Traditionally, The Netherlands has been one of the most lenient countries when it comes to the sharing of copyrighted material on the Internet, but this will change if the Government gets to implement their new plans. Under new legislation downloading of copyrighted movies and music will become outlawed. The lawmakers claim that this change is needed to crack down on 'pirate sites'.

Through the actions of anti-piracy outfit BREIN, The Netherlands has been in the news regularly in connection with file-sharing and copyright related cases.

The group was responsible for the demise of the once largest torrent site Mininova, achieved a conviction against the Pirate Bay founders, and more recently expanded its track record with a victory against one of the largest Usenet communities on the Internet.

All the above was accomplished even though the actual downloading of copyrighted movies and music for personal use is completely legal in BREIN’s home country. In the Netherlands only the uploading part of file-sharing is punishable by law, but if new plans from the Government are adopted this may soon change.

Today, State Secretary of Security and Justice Fred Teeven announced that the Government wants to modernize current copyright law. One of the most drastic changes put forward in the new plans is that in addition to uploading, downloading of all copyrighted material will also be outlawed.

In addition to a complete ban on the sharing of copyrighted material, the new copyright plans will also get rid of the “copy-levy” on blank CDs and DVDs. This levy, ranging from $0.20 to $0.87 per piece, was put in place to compensate rights holders for the films and music that were copied for personal use.

The State Secretary notes that the changes related to file-sharing will not mean that the Government will actively prosecute individual downloaders, but stresses that they are needed to get “pirate websites” blocked by Internet service providers. At the moment this is impossible. Last year BREIN sued two of the largest Dutch ISPs, requesting that they should block their customers’ access to The Pirate Bay, but the attempt failed.

State Secretary Teeven emphasizes that The Pirate Bay is one of the main targets, although he misspells the website url in his official letter, pointing to piratebay.org instead. According to the State Secretary, The Pirate Bay is “a major resource of illegal material” which should be blocked by ISPs.

Although applicable to all citizens, the new law is specifically aimed at the blocking of illegal websites. There will be no three-strikes rules as proposed in other countries, and the Government will not chase individual file-sharers.

In a response to the news, BREIN confirmed that it will not go after individual file-sharers in the future either. Their prime targets are the websites that facilitate copyright infringement, not their users.

Aside from toughening the law, the new plans also include ‘protections’ for the privacy of file-sharers. One of the key points is that the rights holders can only claim the personal details of an alleged infringer if that person shared copyrighted material on a massive scale. This would prevent the pay-up-or-else settlement schemes that are currently ongoing in the United States.