Peter Sunde Brings Criminal Charges Against BREIN, Claims They Falsified Documents Against The Pirate Bay

from the spectrial-indeed dept

Thu, Oct 8th 2009 12:19pm — Mike Masnick

You may remember, back in July, that a Dutch court made an odd ruling against The Pirate Bay at the behest of BREIN, the local anti-piracy group. Now, there was a lot of things odd about the case. BREIN has always been quite aggressive in demanding that sites be blocked or that ISPs be forced to block sites, but this case went really far. BREIN was able to bring the case without even letting any of the four defendants (the same four who were on trial in Sweden) know about the case. However, BREIN told the court that the defendants were fairly summoned, despite no evidence that was true at all. BREIN also claimed that The Pirate Bay had launched a DDoS attack on BREIN's website, and seemed so close to the court that when the defendants themselves asked the court for the very ruling made against them, the court told them that they could only get the copy directly from BREIN.

Of course, after all this happened, a second problem cropped up. Swedish authorities did an investigation and came to the conclusion -- as the four defendants had said all along -- that those four guys did not actually own The Pirate Bay. Instead, it was a company called Reservella, information that came out to the public after the attempt by GGF to buy The Pirate Bay (which has since collapsed).

BREIN wasted little time in adding Reservella to its lawsuits... but then did something strange. It came up with a credit report that purports to prove that one of the four defendants, Fredrik Neij, is the CEO and a director of Reservella. However, there were some oddities in that credit report, and Peter Sunde (one of the other defendants, better known as brokep) began investigating and has rather detailed evidence that the entire credit report is a fake. Almost none of the information on the report checks out, and the companies listed -- including Experian, who supposedly supplied the credit report, claim that they have no record of this particular credit report at all.

Sunde is now filing criminal charges against BREIN and its boss Tim Kuik, claiming that they forged a document and used it for fraud (trying to get money out of these four defendants). As Sunde notes, such charges seem to be far more serious than inducing copyright infringement. The evidence that Sunde lays out certainly looks convincing that the document is fake, but what's still not clear is how BREIN got the document, and whether it was responsible for creating the document, or if it was merely convinced that the fake document was real from someone else.

Still, it doesn't look good for BREIN to be caught using what appear to be faked documents in its lawsuit.

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Filed Under: brein, counterfeit, forgery, fraud, frederik neij, netherlands, peter sunde, tim kuik
Companies: brein

49 Comments

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william (profile), 8 Oct 2009 @ 11:35am

We all know that BRIEN is just going to find some scapegoat for the falsified report that they themselves made and the court is going to believe BRIEN without any question.

We all know who the Dutch court's been sleeping with.
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william (profile), 8 Oct 2009 @ 11:53am

Re:
oh yeah, and BRIEN will probably throw in some of the usual crap, that would sound something like this.

Official BRIEN News Release

In the our Holy Quest of bring harmony and world peace, stopping Satan at the Hell's Gate, and grabbing big big money for the collection agency on behalf of the artists, whom we are paying couple pennies a year, we may have become over zealous and used a document, provided to us by the Smoking Man, who we totally have no personal relation with, over at our head quarter's parkade.

However, since we are the Saviors of the World and Prince of Peace, this small mistake should be overlooked. And I believe my bitch the Dutch Court would agree with me whole heartly.

Remember, it's the demons and Al Quaida terrorists, also know as the The Pirate Bay operators that's on trial here, not us. If we don't stop the devils, they will personally come to your house and slap your children, set fire to your cars, tell your neighbors that you have strange fetishes and stop us, the Holy BRIEN, from getting all those profits that we so deserves while putting out crap in the market.

If you don't agree with us, you are enemies of Human Race and we'll hunt you down like a dog, all in the name of Love, Peace and Harmony (and our profit)

*end sarcasm*

wow, I have a lot of pent up rage today... weird.
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Dmitriy Plaks (profile), 8 Oct 2009 @ 12:05pm

Re: Re:
I can see the Onion putting up a story like this.
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Man in the Street, 8 Oct 2009 @ 12:38pm

Forged docs ok
Whether that document is fake or not, is of little relevance.

We all know that these 4 file sharing criminals need to be nailed as hard as possible by any means possible. Put them away for 20 years, I say!

In the end, it doesn't matter how flimsy or made-up the evidence is, we know that BREIN is gonna prevail in court regardless. Just look at the way they ran the trial in the first place with weak evidence and still won to see how. They are the ones looking after the interests of very large, legitimate businesses, so they deserve to win in any way possible.

Let's concentrate on the real issue here - *very* disrespectful, loudmouthed criminal file sharing pirates and how they are killing these legitimate entertainment businesses, not on some insignificant detail.

I know that reasonable people will fully agree with me. Thankyou.
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Alan Gerow (profile), 8 Oct 2009 @ 12:52pm

Re: Forged docs ok
"I know that reasonable people will fully agree with me."

Fully reasonable people know that two wrongs do not make a right, and that committing immoral acts makes one immoral whether or not the end result is moral.

"Whether that document is fake or not, is of little relevance."

It is of entire relevance. When a person is suing other people and produces forged evidence, then how trustworthy is every other piece of evidence they put forth? Not very.

So, if they lie in court, then how can their claim to be harmed by the defendants at all be trusted, because they are likely lying in that regard, too.

"Let's concentrate on the real issue here"

Yes, let's do that.
Media lobbying group sues four individuals (for files linked from a website that are not stored on that website) and makes up fake documents to show a connection that isn't there between another company and one of the individuals for the purpose of getting money out of the individual for actions of completely different people on a website the four individuals do not own. That's the real issue here.
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RD, 8 Oct 2009 @ 12:54pm

No!
"Sunde is now filing criminal charges against BREIN and its boss Tim Kuik, claiming that they forged a document and used it for fraud (trying to get money out of these four defendants). As Sunde notes, such charges seem to be far more serious than inducing copyright infringement."

But Mike....Mike....dont you know? THERE IS NOTHING MORE SERIOUS THAN COPYRIGHT INFRINGEMENT!! It's the DEATH of all industries, and all creative works! Copyright is absolute, and IP is THE most important priority we have! Why, do you know, you can now get more jailtime for copyright infringement than you can for: manslaughter, theft (of actual, physical items), some drug crimes, rape, larceny, grand theft, and, naturally, fraud (see: bankers, not one of which has been prosecuted for the near-collapse of the US economy).

Has the point now been made to the industry shill/Apologitards (tm) yet? Getting through yet? To ANYONE? Hello? Beuler?
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Chronno S. Trigger (profile), 8 Oct 2009 @ 12:54pm

Re: Re: Forged docs ok
Check your sarcasm meter, it seems to have shorted out.
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Free Capitalist (profile), 8 Oct 2009 @ 1:07pm

Lucky for Sunde they have some public awareness. A completely unknown "little person" would probably just be treated as hostile to the court for daring to implicate their business partners.

Still, I hope these kids tread... very... carefully.
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Marcus Carab (profile), 8 Oct 2009 @ 1:13pm

Re: Re: Re: Forged docs ok
I'm not so sure. If that was tongue in cheek, "Man in the Street"'s sarcasm generator needs calibration.
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Anonymous Coward, 8 Oct 2009 @ 1:19pm

It's OK to commit fraud and falsify documents and lie in the name of intellectual property. Intellectual property maximists value their intellectual property more than they value their commitment to honesty and good ethics.
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Dark Helmet (profile), 8 Oct 2009 @ 1:20pm

Re: Re:
"wow, I have a lot of pent up rage today... weird."

Thanks for taking up the mantle on the hateful commentor platform. It's been exhausting for me.

In all seriousness, this is getting to be beyond comical. It's as if the parties in this case, BOTH parties, are having some kind of secret bet with one another on who can be the biggest fuckup.

I mean, introducing forged documents? REALLY? If this document does indeed turn out to be improper, then WHAT THE FUCK!!! Even if BRIEN(less) didn't personally forge the document (...right), then how about a little due diligence at least, kids? Maybe corroborate your evidence?

Idiots...

P.S. Kudos on the smoking man reference. GOD I miss the X-Files....
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Free Capitalist (profile), 8 Oct 2009 @ 1:22pm

Re: Re: Re: Re: Forged docs ok
legitimate businesses

That one is a true knee-slapper.

I hope that's a message that BREIN sleeps with the fishes.
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Anonymous Coward, 8 Oct 2009 @ 1:23pm

Re: Forged docs ok
That's because the legal system an intellectual property system in favor of the rich and the powerful more than they value preventing the those who exploit the intellectual property system from committing fraud, acting unethically, and telling lies.
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www.eZee.se (profile), 8 Oct 2009 @ 1:43pm

@Man in the Street,

Thank you!

That was good... straight lines, to the point, no holds barred and with a good dose of personal opinion.

I have not laughed so hard since the first time i saw Eddie Murphy's "delirious"!!

Good one! I look forward to your other 'standup' routines!
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www.eZee.se (profile), 8 Oct 2009 @ 1:46pm

Re: Forged docs ok
@Man in the Street,

Thank you!

That was good... straight lines, to the point, no holds barred and with a good dose of personal opinion.

I have not laughed so hard since the first time i saw Eddie Murphy's "delirious"!!

Good one! I look forward to your other 'standup' routines!

(sorry for the double post below, am new to commenting here and just noticed that you can reply under someones post :p

To the mods, feel free to delete the double post below)
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ChurchHatesTucker (profile), 8 Oct 2009 @ 2:28pm

Hrm.
How many times does BREIN, or the RIAA, or whomever, have to do this kind of shit before they're a 'criminal enterprise,' and subject to RICO (or equivalent) prosecution?
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suprspi (profile), 8 Oct 2009 @ 2:35pm

Re: Forged docs ok
@Man in the Street

Good to know that you at least can post a sarcastic comment without giving it away with silly jokes, and that very few people are able to read the sarcasm in it.

"Man in the Street"'s sarcasm generator needs calibration." - I don't really think so, I think you need to read this paragraph again:

"In the end, it doesn't matter how flimsy or made-up the evidence is, we know that BREIN is gonna prevail in court regardless. Just look at the way they ran the trial in the first place with weak evidence and still won to see how. They are the ones looking after the interests of very large, legitimate businesses, so they deserve to win in any way possible."
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JB, 8 Oct 2009 @ 2:36pm

Re: Re: Forged docs ok
My brain hurts after reading your comment, AC. Even when trying to insert missing words and punctuation, it doesn't make sense.
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Bubba Gump (profile), 8 Oct 2009 @ 2:51pm

Re: Re: Re: Forged docs ok
I found the secret! Remove 38 words from the post and it makes perfect sense. I'll leave it up to you on which 38 you need to remove :-)
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chris (profile), 8 Oct 2009 @ 2:53pm

Re: Hrm.
How many times does BREIN, or the RIAA, or whomever, have to do this kind of shit before they're a 'criminal enterprise,' and subject to RICO (or equivalent) prosecution?

They can keep going in perpetuity as long as those lobby checks don't bounce.
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Dan, 8 Oct 2009 @ 3:06pm

Conspiracy?
Did the court conspire with BREIN in this fraudulent indictment? Seems like the whole barrel of apples is rotten.
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Xander C (profile), 8 Oct 2009 @ 3:13pm

Re: Forged docs ok
Obvious troll is very obvious.
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PPNSteve, 8 Oct 2009 @ 4:19pm

Re: Re: Hrm.
EXACTLY

BREIN's money does the rule setting.. They BUY the status they want, not the law or (bought and paid for) courts, who just agree with them.

When will these 'agencies' go away? they are no longer needed nor wanted.
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Anonymous Coward, 8 Oct 2009 @ 4:27pm

Re: Re: Re: Forged docs ok
Actually I wrote it, it made sense when I wrote it, then I proof read it, it made no sense, so I tried to correct it myself and eventually forgot what I was originally trying to say and gave up.
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no, 8 Oct 2009 @ 4:33pm

Re: No!
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no, 8 Oct 2009 @ 4:38pm

Re: Forged docs ok
The documents make it a big different, if the document were a fake and BEIN knew about, that make BEIN in the same category of the very people they are trying to sue... You on the other hand obviously bias and willing to forgo the true to have want you want... which make you no better than these people who run Pirate bays
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Look at it this way....., 8 Oct 2009 @ 5:38pm

Look at it this way....
.....I am a long running user of TPB - I have used it for years for legal reasons (ok...the odd movie here and there too!)- but let me ask you this:

While 95% of the population of the planet is struggling to keep thier jobs and feed thier families....tell me 1 "artits", just one! that is suffering because of the global recession?

Also....I love going to the cinema, however for about the past 5 year I have objected ( ever since a trip to the cinema for me and a date would cost upwards of £25!)....or how about films that aren't even that good costing upwards of £10!

Unfortunately you cant turn around and say "this film was crap Its not worth £17.95 - Its only worth £2".....You can do that with meals in a resteraunt though!

quite a rant from me but suffice to say that tim kuik is a douche!
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Anonymous Coward, 8 Oct 2009 @ 8:19pm

While 95% of the population of the planet is struggling to keep thier jobs and feed thier families....tell me 1 "artits", just one! that is suffering because of the global recession?

You. Are. An. Idiot.
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Anonymous Coward, 8 Oct 2009 @ 8:33pm

This is a typical one sided techdirt story.

In the reverse, Mike would be hopping up and down about how they are suing the wrong person, it's the company that produce the documents that did it, etc.

It is extremely unlikely that anyone at BREIN created a document like this out of whole cloth. Perhaps an overzealous office working in a law firm, perhaps someone at TPB themselves created it. You never know.

It stinks, but mostly it stinks of misdirected legal actions by some of the biggest sore losers of all times, TPB crew.
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Hans, 8 Oct 2009 @ 9:02pm

"Still, it doesn't look good for BREIN to be caught using what appear to be faked documents in its lawsuit."

It didn't seem to hurt Microsoft to be caught using faked evidence in its defense against the U.S. Justice Department....
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slimcat's cat (the big guy's out of town), 8 Oct 2009 @ 9:12pm

Re: Re: Re: Forged docs ok
ran this through my word reorganization/replacement algorithm and came up with:

"brien and the legal systems that protect their ilk are a bunch of crack-smoking ass pirates."

i can has cheeseburger now?
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Anonymous Coward, 8 Oct 2009 @ 11:16pm

Re:
It should not matter if BREIN created the document; they failed to validate it which is their responsibility when presenting evidence in court (otherwise they are clearly only presenting non-evidence).
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Piraattipuolue, 9 Oct 2009 @ 1:17am

"It stinks, but mostly it stinks of misdirected legal actions by some of the biggest sore losers of all times, TPB crew."

I thought Anonymous Shill had pick up a login name already...
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Tor (profile), 9 Oct 2009 @ 1:50am

Re: Look at it this way....
"While 95% of the population of the planet is struggling to keep thier jobs and feed thier families....tell me 1 'artits', just one! that is suffering because of the global recession?"

I read an article about the financial crisis in a local newspaper some time ago and as part of that they interviewed some people on the street about what they thought about it. One of them happened to be a musician and his answer was: "Well, I've been in financial crisis all of my life so it's just about time it happens to everyone else too" ;)
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Dom, 9 Oct 2009 @ 2:04am

Re: Forged docs ok
@man in the street

I think you may be in the minority with your clearly biased opinions here.

as usual no-one is vindicating filesharing here. the point is that a big firm has tried to sue TPB (albeit for hosting illegal filesharing) and has apparently provided fraudulent evidence.
You cant possibly overlook the issue with this situation and merely shrug it off to say "Whether that document is fake or not, is of little relevance." it is of paramount importance as it highlights that in order to win a case over TPB they had to LIE!

additionally, you need to get your facts straight and i qoute (regarding TPB) "*very* disrespectful, loudmouthed criminal file sharing pirates and how they are killing these legitimate entertainment businesses"
You're a moron... TPB DO NOT FILESHARE! they host file/torrent LINKS. the so-called "disrespectful, loudmouthed criminal pirates" are the people who post the links and SHARE THE FILES.

oh yeah, and as quite a few people mention on quite a few posts regarding copyright/filesharing/piracy... kids fileshare without the knowledge thats its wrong/illegal/"killing the industry".
So as an afterthought (if you have kids of course) it may be worth checking your own home PC for all of the typical filesharing programs (bearshare/utorrent/kazaa) and sites within browser history.
Any way you look at this EVERYONE is affected by this issue and almost everyone who has access to the internet is likely to have fileshared in some capacity.

Think before you speak or even better, dont bother voicing your opinion until you've actually a. thought about what you're saying and b. developed an unbiased opinion.

your comments... FAIL
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Tor (profile), 9 Oct 2009 @ 2:08am

Re:
"It is extremely unlikely that anyone at BREIN created a document like this out of whole cloth. Perhaps an overzealous office working in a law firm, perhaps someone at TPB themselves created it. You never know."

So you mean that TPB possessed inside knowledge of how BREIN contracted the services of Experian and that they somehow infiltrated Experian and had their insider supply false information?
Seriously, your wish to see TPB as the guilty party here strongly clouds your judgement.
How often do overzealous law firm offices have a self-interest in falsifying information? You don't think that that would jeopardize their entire business? Why would they do that?

TPB had very little to gain since they had data from the swedish enforcement authority (Kronofogden) saying that they don't own Reservella which would reasonably mean that they get excluded from the court case. BREIN on the other hand was the only party with something to win since they were about to loose their investment and also loose their chance to impose a significant financial burden on TPB. It is strange that they took the risk, but I guess some people never learn the lesson that you shouldn't lie about things that can easily be checked.
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Anonymous Coward, 9 Oct 2009 @ 5:23am

Re: Re: Look at it this way....
starving artist -> "Well, I've been in financial crisis all of my life so it's just about time it happens to everyone else too"

everyone else -> "Get a job"
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..., 9 Oct 2009 @ 5:27am

Re:
AC is delusional
or
needs to improve the trolling skillz
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The Idiot, 9 Oct 2009 @ 6:01am

lol false evidence
See, the last time I checked, submitting a document that is later proved false is illegal under the Nice treaty.

So what BREIN have done is broken the law. To paraphrase House:

"There are no decisions that are right or even okay. They're just WRONG."
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Anonymous Coward, 9 Oct 2009 @ 6:25am

Re: lol false evidence
"Everyone Lies" But it only matters when you make the choice to do it under oath and under the penalty of perjury. As much as some people think that the TPB quad are a bunch of whiny tools, it is irrelevant. Lieing in court and providing falsified documents without verifying them is fraud and invalidates the entire case. All of the evidence has to be marked as tainted and be re-verified. Most courts are not going to waste their time unless it is a child rapist or worse.
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Hephaestus (profile), 9 Oct 2009 @ 6:33am

hmmm....
There is a BREIN getting Euro Trashed Joke in there somewhere ....
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Mechwarrior, 9 Oct 2009 @ 6:42am

Courts definitely do not like perjury.
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Cynyr (profile), 9 Oct 2009 @ 7:53am

Re: Re: Look at it this way....
"One of them happened to be a musician and his answer was: "Well, I've been in financial crisis all of my life so it's just about time it happens to everyone else too" ;)"

I know that a large number of musicians are in that position. Those not being backed by a huge record contract and the RIAA/BREIN hype machine.

"tell me 1 'artits', just one! that is suffering because of the global recession?"

I think the above is aimed at those on the global top 100 pop charts. Yes, the real musicians that play gigs in bars and night clubs localy and get a very small cut of the cover charges are struggling, more so as less people go out and spend money like that. Find me a top 100 artist that has had to curtail spending in anyway due to the current recession, or an exec on BREIN/RIAA/MPAA that has had to do the same.
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The Infamous Joe (profile), 9 Oct 2009 @ 8:30am

Re: Re: Re: Forged docs ok
Check your Troll Early Warning Detection System because I think your TEWDS is confusing sarcasm with trolling.

IIRC, the calibration on that is only good for 6 months. (Less if you drop it on the floor!)
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Kyote (profile), 9 Oct 2009 @ 10:07am

Re: Re: Re: Forged docs ok
I caught the sarcasm too, but it was nice and subtle, at least most of it was, so it's understandable that some might miss it.

Just glad to see that someone was willing to refute the claim. And that someone got to point out the sarcasm as well. Now other who may not have caught it can do a re-read and see it too.
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RIAA man, 9 Oct 2009 @ 1:03pm

Re: Forged docs ok
Couldn't have said it better myself!
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RIAA Man, 9 Oct 2009 @ 1:15pm

Re:
...perhaps someone at TPB themselves created it. You never know.

That would be my guess. I think that they then probably broke into BREIN's offices and planted that document in their files expecting that it would be found and ultimately submitted to the court. Pretty sneaky, never under estimate copyright criminals. The only thing BRIEN might be guilty of is not having enough security forces on hand to detect and protect them from such pirate attacks.
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Anonymous Coward, 9 Oct 2009 @ 1:22pm

Re: Re: lol false evidence
Most courts are not going to waste their time unless it is a child rapist or worse.

"Copyright Infringement". There you go, worse than child rape.
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Anonymous Coward, 9 Oct 2009 @ 1:31pm

Re:
Courts definitely do not like perjury.

It all depends on who's doing it. The courts can always find ways to overlook perjury when they want to. Good example: remember Bill Clinton's perjurious testimony about Monica Lewinsky? Courts haven't gotten better since then, either.
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