June 19, 2010

Trustees keep inviting payments through bankrupt on-line shops

Filed under: Online by Branko Collin @ 12:57 pm

Bankruptcy trustees often keep on-line shops running even though the companies behind them have gone bust, and therefore cannot deliver the goods.

Last week, Webwereld reported about at least three on-line stores that kept taking orders and payments even after they had gone bankrupt. Trade association ICTWaarborg had already sounded the alarm about this last year, but notices the problem continues unabated. According to the trade org, trustees in bankruptcies should shut down the on-line stores as part of their jobs.

In the Netherlands, the trustee in bankruptcy is the one who gets their salary by skimming the property off the top, and is often a lawyer appointed by their law school buddy, the judge. As you can see, absolutely no conflict of interest could possibly take place there.

From what I understand, people can only get money back from a trustee (curator in Dutch) when there has been an ‘undeniable mistake‘. The article I link to tells of a case where somebody wanted to wire money to party A, but accidentally wired it to party B who had just been declared bankrupt. That is considered an undeniable mistake, because the party making the payment had never intended to pay the bankrupt party.

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January 23, 2010

Judges plagiarize blog posting in copyright case

Filed under: Online by Branko Collin @ 1:25 pm

Embedding is a form of publication, and therefore infringement if it happens without permission, Dutch judges Brandenburg, Huijbers-Koopman and Struik concluded two weeks ago in an infringement case. Oddly enough, their judgement seems to hinge on the court’s conclusion (Paragraph 4.99, PDF) that “in case law and legal literature it is generally held that an embedded link constitutes a publication. After all, the material can be viewed or heard within the context of the website of those who placed the link, and placement causes the material to reach a new audience.”

The court seems to have borrowed this quote literally and without attribution from a blog posting by SOLV lawyer Douwe Linders who, according to Webwereld, said that “it looks a lot like copy and paste.” Since it is literally copy and paste, not just a lot like it, it sounds like Linders was unaware that the court had copied him, and that he had not given the court any permission to do so.

Although Dutch copyright law does allow you to quote bits of a work for a number of reasons, it does not allow you to do so without attribution. Further, by pretending the court had written this bit itself, the judges also plagiarized Linders’ words, which is a much more serious offence in my opinion (although, unlike copyright infringement, not actually illegal).

I have never heard before of a copyright infringement case in which judges infringe copyrighted myths and present them as fact in order to bury alleged infringers. This stinks in my opinion, but then I am not a lawyer. Perhaps in their world this is how roses smell.

According to Webwereld, the court’s argument “has caused consternation in copyright land.” Although I agree with Linders’ opinion that embedding generally constitutes a form of publication, the debate about this is far from over, as the comments collected by Webwereld attest.

(The literal Dutch text by Douwe Linders: “In de rechtspraak en juridische literatuur wordt betrekkelijk eensgezind aangenomen dat een embedded link wel een openbaarmaking inhoudt. Immers, het materiaal is dan te bekijken of beluisteren binnen de context van de website van degene die de link heeft geplaatst en door de plaatsing wordt over het algemeen een nieuw publiek bereikt.”)

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October 1, 2009

Man must remove 5,000 books from his house says court

Filed under: Architecture,Literature,Weird by Branko Collin @ 9:10 am

book_stackHans Bauer from Groningen must remove 5,000 books from his home, after a court agreed with housing corporation Patrimonium last Tuesday that his library constitutes a fire hazard.

Telegraaf reports (Dutch) that Bauer had already voluntarily removed 4,000 books earlier after the housing corporation had complained. Looking at the picture accompanying the article, I cannot say that his house looks more cluttered than several book stores I’ve known, although truth be told none of them are still around today. And 5,000 books is peanuts compared to for instance the library of late writer, TV presenter and bibliophile Boudewijn Büch, which counted 100,000 works at one point in time.

In the meantime, a local self storage company has given Bauer six months worth of free storage, RTV Noord reports (Dutch).

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August 15, 2009

Lucia de B., angel or witch? [HAR 2009]

Filed under: Science by Branko Collin @ 10:35 pm

I just turned away from the lock-picking talk, as the tent was absolutely packed (me being 5 minutes late). I don’t know how many people fit in these convention tents, hundreds, perhaps thousands, but that is the amount of people that after tonight may know how to break every lock you own.

Earlier today I was at the talk with possibly the smallest amount of listeners of this 4-day exercise, you might even say the attendants resembled Cantor Dust. OK, lousy statistical jokes aside, this talk was by statistician Richard Gill of the University of Leiden and dealt with the Lucia de Berk case.

I had heard of the case before. In 2001, a nurse from The Hague was accused of having murdered dozens of patients, and the strange thing was that most of her guilt was determined by statistics: she had been near the victims at the time of their deaths, and although a direct link with the accused in the form of a confession or evidence could not be established, the court found that the statistical likelihood of her being near all these victims at the time of death was so minute, she must have done it.

At the time I thought this reasoning seemed silly, but I have learned early on in life never to argue with statisticians. So imagine my surprise: here was a statician who argued that the court’s reason had indeed been extremely silly, and that an innocent woman had gone to jail.

I won’t bore you with repeating the entire lecture: author Maarten ‘t Hart summarized Gill’s position excellently in this article from NRC (Dutch). Gill’s paper on how likely the chance is that a nurse was on active duty during all deaths concludes that one in nine nurses would have gone to jail (PDF).

(more…)

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May 17, 2009

Site convicted for Google’s automatic abstracts

Filed under: Automobiles,Online by Orangemaster @ 1:44 pm

If the case of car dealer Zwartepoort against website Miljoenhuizen.nl has been in the news before, it can only have been as the sort of easily mocked example of how some folks start lawsuits over really anything and everything, no matter how trivial and unwinnable their cases are. But now Zwartepoorte have gone and won theirs. When you searched Google for the company name, you would get amongst others a result from Miljoenhuizen.nl seemingly explaining the car dealer had gone bankrupt. You know the type:

Full name: Zwartepoorte. Specialty: BMW … This company has gone bankrupt.

These abstracts are machine generated. Google takes disparate phrases from a website and combines them into an abstract. Miljoenhuizen.nl obviously feels that the wrong people have been sued. Miljoenhuizen.nl told De Telegraaf (Dutch): “If the search result were to imply or insinuate that Zwartepoorte has gone bust, it would be Google’s responsibility, not ours.” I would take that a step further and say that nobody should have been sued in the first place.

It will be interesting to see what reasoning judge Sj. A. Rullman will come up with to explain her judgment. Meanwhile, I am waiting with trepidation to be sued by BMW car dealers, as I have my own story of the power of Google to tell. The last few weeks of December I got a constant stream of phone calls from people wishing to buy a nice shiny Beamer. My initials are B.M.W., and as it turns out I used to be the first link people would find when they googled for “BMW Amsterdam,” displayed prominently as part of Google Business with a map and a phone number. It got so bad that I stopped answering the phone, and started the message on my machine with the statement that “I am not a BMW dealer.” I must has cost some poor sod a lot of lost business that way.

Update: fixed type “Miljoenenhuizen.nl” to “Miljoenhuizen.nl.” Thanks, Nico.

Link: Iusmentis (Dutch). Photo by Gyver Chang, some rights reserved.

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May 9, 2009

‘Serious’ quackery gets tax break

Filed under: General,Science by Branko Collin @ 12:30 pm

A judge in Haarlem ruled last month that acupuncturists who are also certified Doctors of Medicine qualify for a tax exemption that other acupuncturists must miss out on, reports NRC (Dutch). The ruling (Dutch) seems to suggest that jurisprudence and European law leave little room for the court to rule otherwise. Apparently, there is a European Union directive that says tax exemptions for healthcare can only apply to those who have had medical training.

The irony is that quacks who should know better—because they have had an education that should have emphasized critical thinking—are the ones that get rewarded by the state, which to me, you know, yuck.

(Photo of an acupuncture needle by Wikipedia User: Xhienne, some rights reserved.)

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September 13, 2008

Copyright judges: “copying unnecessarily is always bad”

Filed under: General by Branko Collin @ 10:51 am

Copyright law professor Dirk Visser interviewed 17 judges of so-called “intellectual property” cases (copyrights, patents, trademarks) and found some remarkable similarities:

  • Cases are mostly decided in the first instance (usually of a Kort Geding, the fast track for law suits that demand speedy attention),
  • Judges feel that creating confusion or misleading is always wrong,
  • Judges feel that copying in itself is not bad, but copying unnecessarily is.

Unfortunately the article with the results is behind a pay wall, so I have to rely on this summary by Boek 9 (Dutch). The suggestion though seems to be that cases are decided on moral, rather than sound legal or economic grounds.

According to Boek 9, public research and expert opinion barely influence the judges—their experience being that such studies and statements are almost always imprecise, manipulated, one-sided or contradictory.

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