Copyright protected adult entertainment was posted on 123video.nl without authorization and could be accessed and viewed for free. After complaints by actress and producer Kim Holland, the site did remove the videos but Holland filed a damage claim nonetheless.
The Dutch judge stated that 123video.nl can not be regarded as an intermediary which otherwise could have meant that 123video.nl wouldn’t be liable for the actions of its user base. One element that was crucial was the fact that site admins were actively moderating the site. Secondly 123video.nl was facilitating the video encoding process.
The judge still has to decide on the financial compensation for Kim Holland. 123video already stated that it will take this case to the Court of Appeal.
(my translation and summary)