The Netherlands District Court of Utrecht affirmed the judge's decision in Foundation v. UPC Nederland. The court held that the entertainment industry's evidence in the form of reports generated by RIAA agents on file sharing use was weak and insufficient to request ISPs to provide subscriber information.

Ray Beckerman, a prominent U.S. attorney representing RIAA defendants, said:

"The courts of the Netherlands and Canada continue to be ahead of those in the United States.

"In the United States the RIAA's ex parte discovery orders are routinely being granted by the judges, based on a sham 'evidentiary' basis.

"I can't wait for our courts to finally start scrutinizing the RIAA's tactics with the care and thoughtfulness exhibited by the courts of the Netherlands and Canada.