Downloading Movies and Cracking Programs

Dear Expats,

I would like to know what the worse can happen if I did download new movies and/or cracked programs in the Netherlands?

You're talking about intellectual theft, should you do it, you will be no better than a common thieve; in addition, you could:

Have your private information hacked with consequential loss of money and financial reputation.

Cause damage to your hardware by running software not intended for use on your operating system.

Void any existing warranties on your equipment.

Open yourself to prosecution from the copyright owners.

Hope this helps.

Thanks, where can I find the laws on this subject..

Here you go, all available on the Internet, there are further Implementing Laws which you will find quite easily by using Google:

Main Dutch IP Laws: enacted by the Legislature:

•    Law of March 6, 2003, on the Supervision of Collective Management Organizations for Copyright and Related Rights (as amended up to November 1, 2015) (2015)
•    Act of September 23, 1912, containing New Regulation for Copyright (Copyright Act 1912, as amended up to July 1, 2015) (2015)
•    Act of March 18, 1993, containing Rules on the Protection of Performers, Phonogram Producers and Broadcasting Organizations and Amending the Copyright Act 1912 (Neighboring Rights Act) (2012)
•    Act of February 19, 2005, containing New Regulations Governing the Approval of Varieties of Plants, the Marketing of Propagating Material, and the Granting of Breeder's Rights (Seeds and Planting Materials Act, 2005) (2010)
•    Patent Act 1995 (Act of December 15, 1994, containing Rules Relating to Patents) (2008)
•    Act of May 13, 2004, on Supplements to the Copyright Act 1912 and Introducing Extended Liability for Sellers on Private Copying (2004)
•    Act of June 13, 2002, amending the Provisions relating to Patent Attorneys in the Patent Act 1995 (2002)
•    Act of June 20, 1996, on Amendments to the Copyright Act 1912 and the Neighbouring Rights Act in accordance with the Council Directive No. 93/83/EC of September 27, 1993 on the Coordination of Certain Rules Concerning Copyright and Rights Related to Copyright Applicable to Satellite Broadcasting and Cable Retransmission (OJ L 248) (1996)
•    Act of October 28, 1987, containing Regulations for the Protection of Original Topographical Designs for Semi-Conductor Products (1996)
•    Act of December 21, 1995, on Amendments to the Copyright Act 1912 and the Act on Related Rights in accordance with the Council Directive 93/98/EEC of October 29, 1993 Harmonizing the Term of Protection of Copyright and Certain Related Rights (OJL 290 24/11/93) (1995)
•    Act of December 21, 1995, on Amendments to the Copyright Act 1912 and the Act on Related Rights in accordance with the Council Directive of November 19, 1992 on Rental Rights and Lending Rights and on Certain related Rights in the field of Intellectual Property (OJL 346 27/11/92) (1995)
•    Act of December 21, 1995, proposing the Amendments to the Copyright Act 1912, and the Act on Related Rights in accordance with the 'Council Directive No. 93/98/EEC of October 29, 1993 Harmonizing the Term of Protection of Copyright and Certain Related Rights (OJL 290 24/11/93), and the Council Directive 92/100/EEC of November 19, 1992 on Rental Right And Lending Right and on Certain Rights Related to Copyright in The Field of Intellectual Property (OJL 346 27/11/92) (1995)
•    Act of July 7, 1994, amending the Copyright Act of 1912 in connection with the Protection of Computer Programmes (1994)
•    Act of May 30, 1990, amending the Copyright Act 1912 concerning a Levy on the Reproduction of Recorded Images or Sound Recordings for Personal Use, Study or Practice (1990)
•    Act of July 3, 1989, amending the Copyright Act 1912 in connection with the Prevention of Piracy of Works Protected by Copyright (1989)
•    Act of May 30, 1985, adapting the Copyright Act 1912 to the Paris Act of the Bern Convention (1985)
•    Act of July 5, 1921, on Trade Names (1954)
•    IP-related Laws: enacted by the Legislature
•    Act of May 22, 1997, establishing New Rules on Economic Competition (Competition Act) (2011)
•    Code of Civil Procedure (2011)
•    Act of April 8, 1971, laying down General Rules on the Quality of Agricultural and Fisheries Products (2011)
•    Act of December 10, 2009, on Amendments to the Media Act 2008 and the Tobacco Act Implementing the Audiovisual Media Services Directive (2009)
•    Act of December 29, 2008, establishing a New Media Act (Media Act 2008) (2009)
•    Act of March 10, 1988, on Measures to Reduce Tobacco Consumption, in particular to Protect the Non-Smokers (2009)
•    Act of June 8, 2000 on Amendments to the Media Act and the Tobacco Act (Amendment for Directive Implementation 'Television Without Frontiers') (2000)
•    Act of March 23, 2000, on Amendments to the Media Act with the Introduction of a Revised Concession System for the Public National Broadcasting (2000)
•    Act of July 8, 1999, on Adaptations to the Dutch Legislation to the Directive 96/9/EC of the European Parliament and the Council of 11 March 1996 on the Legal Protection of Databases (1999)
•    Act of March 4, 1999, on Amendments to some Provisions of the Media Act Concerning the Privatization of the Dutch Broadcasting Production Company NV (1999)
•    Act of December 21, 1994, on Amendments to Provisions of the Media Law in Providing for a Restructure of the Management of the Dutch Broadcasting Production Company NV (1995)

Hope this helps.

Cynic wrote:

You're talking about intellectual theft, should you do it, you will be no better than a common thieve; in addition, you could:

Have your private information hacked with consequential loss of money and financial reputation.

Cause damage to your hardware by running software not intended for use on your operating system.

Void any existing warranties on your equipment.

Open yourself to prosecution from the copyright owners.

Hope this helps.


Actually Cynic, to state it more correctly and accurately, it is software piracy and copyright infringement, which in NL has been illegal in civil law since April 2014 at least.  While it is in fact illegal, the majority of individuals are not pursued or prosecuted for this since it is not a criminal law violation.  When individuals are pursued unless they become major distributors of the material, often a letter from the ISP is sent, which carries little weight, and fines often are small for 1st time offenders ( < 100-200EUR ), and can be easily fought in many cases.

I respectfully disagree that downloaded movies or pirated software will void any hardware warranties, as it is extremely difficult to prove such activity caused a hardware failure.  There are layers of separation/abstraction between hardware and software to prevent this also.

With this said, I do not advocate such activity, it IS illegal.

I kind of agree with you, in general, hardware manufacturers couldn't care less what operating system you use, except that certain manufactures (Dell for example) have refused to carry out warranty work on their equipment where a customer had installed a non-Dell operating system over the top of the provided OEM version.  My company swapped to another supplier because of this; Dell didn't like our "standard build" and would not entertain any support on those machines.

With regards to cracked programmes.  I agree that the actual act of downloading is not (in most countries) a criminal act, but consequential damage where a 3rd party downloads something from the net, knowing it is illegal, then passes this on to a further user, which causes damage, is open to litigation.

With regards to streaming; it's known that Shush and Rainerland place malware on user computers.

I agree it is totally illegal. :)

I understand that it is illegal to download and become a mass distributor of the content

But

Not prescuted if for an individual home user as in (personal entertainment and/or usage)

Just to summarise (just spoke to someone who does a lot of what you're asking); there is an organisation in Holland called "BREIN"; this link will take you to there Wiki page; the BREIN website is mostly in Dutch.  If you do something to attract their interest, they will come after you in the Dutch courts; the chances of that happening for personal use varies from slim to nil.

It's still illegal. :)

Wonderful .. I can still enjoy comedy movies 😆