Top all-time · #7541
Arnoud Engelfriet
Personal blog · blog.iusmentis.comother
Arnoud Engelfriet writes Ius Mentis, a personal blog at blog.iusmentis.com. Since 2010, 11 different Hacker News readers have linked it 24 times. It is still writing: the last post was on 2026-11-02, and you can follow it by feed.
Too few sampled comments (20) to say how often HN recommends it.?
Why HN links it
Arnoud Engelfriet's Dutch-language blog on IT law, covering Dutch and EU privacy, EULAs, app store rules, and workplace monitoring. Commenters mostly cite posts as legal sources and name it a favourite.
Summarised by Claude from a sample of 20 HN comments that link here. Each comment is marked recommending, critical or neutral (citing without judging); how this works.
Internetrecht door Arnoud Engelfriet
Most-linked posts?
- /2022/02/18/wat-kan-de-acm-doen-dat-wel-indruk-op-apple-maakt/3 people · 3 mentions · first linked 2022-02-21
- /2016/10/17/mag-werkgever-privebestanden-zakelijke-onedrive-bekijken/2 people · 2 mentions · first linked 2017-11-06
What Hacker News says?
In The Netherlands, employees enjoy a reasonable level (much stronger than this scenario) of privacy even on company equipment [1]. That is: the company cannot randomly access an employee's mailbox. Of course, in case of employer-employee dispute, things become hairy - but even then, the company is not allowed to go on a fishing expedition. Though they can go on a confirmation run, looking for specific evidence, e.g…
Comment linking /2017/11/22/wanneer-mogen-mailbox-werknemer-klant-openen/
on “Glassdoor not so anonymous”Piratebay is blocked in a few countries (like the Netherlands[0]). So proxies (with their own ads of course) are good business. [0] https://blog.iusmentis.com/2017/06/19/eu-hof-verklaart-the-p...
Comment linking /2017/06/19/eu-hof-verklaart-the-pirate-bay-illegaal-en-baant-weg-blokkade/
on “Show HN: DNS over Wikipedia”I do not know about the rest of Europe but in the Netherlands, EULAs can be legally binding. That this means users have a lot of reading to do is true but not relevant. Source (in Dutch): https://blog.iusmentis.com/2008/04/05/de-rechtsgeldigheid-va...
Comment linking /2008/04/05/de-rechtsgeldigheid-van-software-eulas/
on “Apple: Apps should not require users to opt into tracking to access content”I asked Dutch IT lawyer Arnoud Engelfriet about the legal status of the movie. He wrote about it today on his blog. His viewpoint is that as it was made here, this movie is legal: http://blog.iusmentis.com/2016/12/21/legaliteit-find-my-phon... I'm low on time right now and if I were to comment on it I am afraid I would omit important details. But the gist of it is that the student carefully made sure that privacy wa…
Comment linking /2016/12/21/legaliteit-find-my-phone-documentaire/
on “Student Lets Thief Steal His Phone, Spies on Him for Documentary [video]”https://blog.iusmentis.com/2021/03/19/en-dan-kun-je-niet-mee... In short, the product was sold with the promise of unlimited free uploads. Dutch customers can go to the seller they bought the machine from (not Cricut) and demand to have this functionality restored or get a full refund (the plotter has to returned to the seller) if it cannot be restored by the seller. How this is then resolved between the seller and…
Comment linking /2021/03/19/en-dan-kun-je-niet-meer-je-eigen-ontwerpen-snijden-met-je-cricut-plotter/
on “Cricut Wants Users to Pay for Unlimited Use of Cutting Machines They Already Own”Dutch/EU users should probably keep a lookout for a blogpost later this week here[0]. Arnoud is a Dutch legal expert on technology related topics and I've been told he might be looking into this. [0] https://blog.iusmentis.com
Comment linking /
on “Cricut Wants Users to Pay for Unlimited Use of Cutting Machines They Already Own”Please link to those court cases. Here's a lawyer's take on it [1]. Although I'm not sure if its EU specific or NL specific. According to [2] [3] [4] there are some differences between NL and EU on this account. They specifically mention the car example in those sources, btw. [1] https://blog.iusmentis.com/2018/09/27/honderden-klachten-ove... [2] http://www.conformiteit.nl/conformiteit-conformiteitbeginsel... [3] ht…
Comment linking /2018/09/27/honderden-klachten-over-verdwijnende-smart-tv-apps-in-nederland/
on “Apple and Samsung fined for deliberately slowing down phones”I'm pretty sure this goes against European (or at least Dutch) privacy laws because it's not just company domains being searched. There isn't any privacy-overriding reason to keep a database with this kind of identifying information. Since these laws are currently barely enforced, nothing will happen of course. More info in Dutch: https://blog.iusmentis.com/2017/11/08/internationale-domeinb...
Comment linking /2017/11/08/internationale-domeinbeheerder-staat-afschermen-domeininfo-toe/
on “Find every domain someone owns automatically”https://blog.iusmentis.com/ Arnoud Engelfriet's blog about Dutch IT law (in Dutch).
Comment linking /
on “Ask HN: Favorite blog in 2024?”They may be enforceable even in Europe. The situation in the Netherlands is explained at < https://blog.iusmentis.com/2008/04/05/de-rechtsgeldigheid-va... >; in short, for general terms and conditions that apply to everyone, you merely need to have been suitably informed beforehand and the terms cannot be unreasonably burdensome. In Belgium, a judge ruled in October last year that an EULA cannot prohibit decompilati…
Comment linking /2008/04/05/de-rechtsgeldigheid-van-software-eulas/
on “Ask HN: Is the EULA on my new $30k RED cinema camera legal?”New fines can be stacked on infinitely - there is no technical limit. If no satisfactory solution of their own design is forthcoming they could be charged with contempt of court, or, eventually, even be bound to a specific solution implementation that will be provided for them by court. Source article (in Dutch): https://blog.iusmentis.com/2022/02/18/wat-kan-de-acm-doen-da...
Comment linking /2022/02/18/wat-kan-de-acm-doen-dat-wel-indruk-op-apple-maakt/
on “Dutch antitrust authority fines Apple for fifth time”My understanding is that EUR 50 million is the max of the current sanction, but that the ACM can always just impose another set of sanctions if they feel Apple hasn't sufficiently fixed the problem. The sanctions can at most be 10% of (dutch) revenue. However, that can double to 20% if Apple re-offends within 5 years. And apparently just paying the fines without any attempt to fix the problem for which you're fined…
Comment linking /2022/02/18/wat-kan-de-acm-doen-dat-wel-indruk-op-apple-maakt/
on “Dutch antitrust authority fines Apple for fifth time”Total. Based on coverage in Dutch press. An issue I read about is that the sanctions can reach a maximum of a percentage of earnings (10%) but they need to take the exact legal entity into account. There are other ways in Dutch law to threaten firms with larger amounts but not all of those are open to the antitrust authority. A judge could threaten penalties that can escalate quickly when a company remains non compl…
Comment linking /2022/02/18/wat-kan-de-acm-doen-dat-wel-indruk-op-apple-maakt/
on “Dutch antitrust authority fines Apple for fifth time”Some views from an authoritative dutch IT lawyer Arnoud Engelfriet http://blog.iusmentis.com/2011/08/25/realnetworks-wil-smarte... - Real Player put down a request for an Ex Parte case (court case without a hearing). - The Ex Parte case assumed that the webmaster was hosting the infringing software. - When this hosting claim did not held in court, Real Player still decided to push the case for linking. His view is a…
Comment linking /2011/08/25/realnetworks-wil-smartegeld-om-hyperlink/
on “RealNetworks crushes Dutch webmaster for hyperlink”I suppose this entire article is about the USA given the first paragraph plus this being part of The Guardian's World section (ie. not local UK). On which jurisdiction(s) does this apply? Readers (pref lawyers) should check if this is legal in their jurisdiction(s). For people from NL I can recommend Arnoud Engelfriet's blog (a Dutch lawyer specialised in IT law) [1] and its search feature. An ontopic example discus…
Comment linking /2016/10/17/mag-werkgever-privebestanden-zakelijke-onedrive-bekijken/
on “The Rise of Workplace Surveillance”I stand corrected. There are some edge cases though. Here's a case (from the same site) what can happen (again, in Dutch): http://blog.iusmentis.com/2008/03/08/in-eigen-tijd-gemaakte-...
Comment linking /2008/03/08/in-eigen-tijd-gemaakte-software-kan-toch-van-uw-baas-zijn/
on “Tell HN: I got screwed by my employer”Has that changed recently? (I haven't lived in the Netherlands for 10 years). AFAIK it is perfectly legal to do that if you believe you need it for security. https://blog.iusmentis.com/2019/12/18/voor-de-laatste-keer-d...
Comment linking /2019/12/18/voor-de-laatste-keer-de-openbare-weg-filmen-met-je-securitycamera-mag-als-dat-nodig-is/
on “Dutch Police regularly force people to give up footage from doorbell cameras”Amazon is not irrelevant in The Netherlands. They just are not the dominant #1 because of a previously existing competitor (Bol.com). Which has a large enough company backing it up (Ahold Delhaize) after they got acquired and had a foothold before Amazon had (Bol.com started with books and wasn't profitable for a long time). They're doing the same shit as Amazon (third party sellers, including drop shippers and such…
Comment linking /2023/01/10/amazon-mogelijk-aansprakelijk-voor-nepproducten-van-verkopers
on “Why Is Amazon Selling These Fake 16TB Portable SSD Drives?”It’s our government endorsing the use of an (in my opinion) horrible and closed platform. It’s public money being spend to promote a commercial company that’s not even Dutch and has a horrible privacy track record. Our local pirate party seems to agree (I’m always glad I voted for them when I read stuff like this: [0]). [0] https://blog.iusmentis.com/2021/05/10/mag-een-gemeente-whats...
Comment linking /2021/05/10/mag-een-gemeente-whatsapp-reclamebordjes-ophangen-ter-buurtpreventie/
on “EU will require Apple to open up iMessage”Full disclosure: last time another user called me out to a blatant mistake regarding Dutch law. So this time, I come well-sourced. My favorite blogging lawyer Arnoud Engelfriet: [1][2][3]. And some more [4] - A man who had to return wages after having spent 58 hours on Whatsapp while (not) working, note that he was not fired!. Number [5] tops it all - giving away company secrets on an employers phone is protected. […
Comment linking /2016/10/17/mag-werkgever-privebestanden-zakelijke-onedrive-bekijken/
on “Issues of Concern If Your Company Wants to Track You”
