The Federation Against Copyright Theft has warned Netherlands web hosting provider LeaseWeb that it risks being an accomplice to money laundering offenses if it fails to comply with its request to take down a customer’s streaming video site.
According to a report by TorrentFreak on Friday, TheShowDepot.com is hosted by LeaseWeb in the Netherlands, and its IP address was blocked by LeaseWeb on Nov. 30 after following its take down procedure and notifying TheShowDepot of the copyright complaint.
LeaseWeb Senior Regulatory Counsel Alex de Joode told TorrentFreak that LeaseWeb follows the “agreed upon principles between the content owners, hosting companies (like LeaseWeb), the Dutch Ministry of Economic Affairs and the Dutch Justice department (NTD Code of Conduct).”
“Under Dutch law, as long as we follow the before mentioned principles, there is NO criminal liability for hosters in the Netherlands. According to the eCommerce Directive the legislative regime in a third country (in this case the UK) can NOT be stricter than the legislative regime in the host country (in this case the Netherlands). Any claim otherwise is unfounded,” de Joode said in a statement to TorrentFreak.
de Joode said that FACT is the only organization, as far as he’s aware, that uses unsubstantiated claims around money laundering. He called its claims suspicious and said it slows down the processing of NTD requests (the Dutch notice-and-takedown Code of Conduct).
Web hosts have an obligation to follow the laws in the country where they operate, and since LeaseWeb followed these procedures, it is not criminally liable for the actions of its customer. It seems that FACT is using scare tactics to request copyright content removal rather than follow the procedures laid out by law.