Google loses to Brein in case about data from seller ‘illegal e-books’

Google must hand over the data of a person who sold ‘illegal e-books’ via Google Play to Brein, the preliminary relief judge ruled on Monday. The person concerned can file an objection.

According to the judge in preliminary relief proceedings, Google must provide the personal data behind the ‘Flâmanca Hollanda’ account to Brein within three weeks. This includes the IP address, postal address, bank account number and the first and last name specified for the Google Account. Even if the person comes from outside the EU, Google must hand over the data.

However, the user has two weeks to object to the processing of his personal data. Google must submit this objection anonymously to the preliminary relief judge and the seller must state in its response ‘documented and substantiated’ why there is no question of copyright infringement.

According to Brein, infringing material was sold through the account and the e-books offered were ‘evidently illegal copies’. The foundation wanted address details to be able to write to the person behind Flâmanca Hollanda. Google declined to provide the data. Incidentally, the preliminary relief judge points out that Google should have asked the person behind the account in advance whether he opposes the release of his data. “Then an interlocutory judgment might not have been necessary.”