Brain: Place2use infringed with linking to movie streams

In Brein’s ex-parte injunction against place2use, the anti-piracy foundation claims that the site committed copyright infringement by linking to streams of movies for profit. The streaming service is said to have had at least 200 paying users.

Brein summoned the site via the preliminary relief judge in Leeuwarden to stop the activities on the basis of a penalty of two thousand euros per day with a maximum of fifty thousand euros. According to the foundation, hundreds of HD movies streaming after payment could be seen on the streaming section of place2use. The site had different rates, such as 7.50 euros for two months of a VIP account with access to twenty films or 50 euros per year for access to eight hundred films. The site is said to have had 8,500 registered users, of which 2000 users visited the website daily and 200 paid to access the streams.

Place2use offered access to the streams with its player via hyperlinks. In addition, the player offered a download option for the movies and series. Brein refers to the judgment of the CJEU on GeenStijl, which determined that linking to protected works can be infringing, if there is a profit motive and the person concerned was aware of the illegal nature. The site must have known that it was an illegal offer, Brein claims, partly because a list of films that were still shown in the cinema was published. Making the movie posters and DVD covers public would also be infringing.

Earlier this week, place2use went offline. The administrators then informed users that the site will continue on a different domain but only for paying users. They also claimed that one of them had received a ‘fine’ of 50,000 euros.