Dutch Court Orders Pirate Bay To Delete Torrents
from the yet-again dept
Earlier this year, a Dutch court issued a default judgment against The Pirate Bay, ordering it to delete certain torrents and block Dutch web surfers from reaching the site. The Pirate Bay's founders protested the ruling, noting that they had not been properly informed of the case in the first place, and that other items in the lawsuit were highly questionable -- including what appeared to be falsified documents submitted by BREIN, the Dutch anti-piracy agency.The court has now annulled the original default judgment, but the new ruling is basically the same thing. The founders were told to delete torrents and block Dutch surfers from at least part of the site. The court also rejected the claim that the founders do not still own the site, saying they presented no evidence that the site had actually been sold to another entity, or any evidence of who now owned the site. While I still think it's questionable to force the site to block results of what is really a search engine, there is a point about who owns the site. I recognize why The Pirate Bay has done what it's done, but it almost feels like they're trying to be too cute about the ownership issue.
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Filed Under: blocking, copyright, netherlands, torrents
Companies: brein, the pirate bay
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Re:
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Re: Re:
He asked a question. All you did was answer a question with a question.
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Legal responsability
I wonder if this will prompt the copyright industry to try to raise some new charges against TPB in Sweden just to force them to reveal this information.
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Re: Legal responsability
Seems like "guilty until proven innocent" to me. It must suck to be Dutch.
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How?
Exactly, how is this accomplished? How would TPB delete torrents? I was unaware they had this capability.
Possibly what they meant was delete the links to torrent sites? This would make much more sense.
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Re: How?
Perhaps someone should accuse BREIN of owning TPB and hold them liable until they can produce official documents showing the real owner?
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Re: How?
It's really quite amazing to see how far behind technologically people are from the "techies". Granted it's all knowledge of how things work, but still makes you go "hmmm it's not that hard to understand".
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IANAL - But doesn't...
Or is this just semantics? Or should I actually become a lawyer?
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Re: IANAL - But doesn't...
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Re: Re: IANAL - But doesn't...
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Re: Re: Re: IANAL - But doesn't...
It would be like suing your neighbor for parking his car in your lawn but then finding out it isn't his car and then continuing to sue him because you don't know who else to sue.
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Re: Re: Re: IANAL - But doesn't...
The plaintiff. The burden should be on the plaintiff to show that they are suing the right person. Otherwise any victim of an unsolved crime could simply pick someone to sue and require the defendant to "prove" that that they aren't the guilty party by proving who actually is. It is very difficult to prove a negative.
For example, say I come home and find one of the windows on my house broken. I just pick one of my neighbors to sue for damages and when they claim it wasn't them, I just say "Oh yeah? Well who was it then? Prove it!".
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Not really any different that would happen here in the US
The founders of TPB are/were the legitimate owners at one time, they created the site, they filled out all the paperwork, and by doing so they accepted responsibility.
If they cannot prove who they sold it to, then they are still responsibile for the site. If they aren't held responsible there is nothing to prevent everyone in the country from incorporating a company name, then performing all sorts of fraud or illegal acts under the umbrella of the corporation and getting away with it by simply claiming to have sold it to an unnamed party.
As for this being civil/criminal, the original case is probably civil, but when they refused to comply with court orders it become criminal. Basically by not complying with the court order they are in contempt of court, and nothing else. BUT the judge does have the right to order them into jail until they do comply which my guess is that 30 days in a cell with bubba and they will be crying to get everyone off their ass.
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Re: Not really any different that would happen here in the US
It is my understanding that at least some of those the Dutch are trying to call "owners" never were. They were simply system admins. I would like to know the source of your information that shows that they ever were the legal owners. You know, the papers of incorporation, business registration or something like that. Again, it was my understand that such documents did not exist.
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Burden of proof
Weirdos.
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Re: Burden of proof
You are missing steps here.
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Re: Re: Burden of proof
So if you bought a knife, have the receipt, and I can trace the purchase of that knife back to you...
If that knife becomes the weapon used in a murder, the burden of proof is now on you to prove that you didn't use it to kill someone?
Or am I still missing steps here.
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Re:
"Nothing to hide" argument is such a ridiculous fallacy that it's not even worth considering. You can have absolutely no reason to hide information, but that doesn't mean you have any reason to reveal information.
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Ownership/us blocks sites
http://www.nytimes.com/2008/06/10/nyregion/10internet.html
As for ownership, there is a difference between a knive and a company. The knife does not have a registered owner, or a person assigned to be responsible for the actions of it.
A company on the other hand is registered with the state, and feds as being a company, and the CEO/President is assigned as the responsible party for that companies actions.
It's apples and oranges to compare a company to a knife.
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Re: Ownership/us blocks sites
And the evidence that the accused own the site has been shown to be falsified.
Your point goes both ways. If you cannot show that the registered owners are in fact the people you are suing...why are you assigning responsibility to them?
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Keep it real (honest)
The Court of Amsterdam has received a letter from Reservella, the owner of the website ThePiratebay.org according to the founders.
In it Reservella makes clear that Reservella does not own the site. This contradicts statements made by Piratebay founder Peter Sunde. The result was that the judge in Amsterdam did not believe the founders of The Pirate Bay anymore and now they have lost this particular battle.
I am an IT lawyer and involved in cases such as BREIN vs FTD. I call on all file sharers to resist to those forces that are trying to impose restrictions on file sharing services.
However, I also want to urge everybody to play this game fairly, otherwise the damage to our community will be even worse.
Feel free to contact me if you have any questions.
Regards,
A. Engelfriet
The Netherlands
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Re: Keep it real (honest)
But can they prove it? If not, then by Dutch standards aren't they just as much the owners as Fredrik, Gottfrid and Peter? I mean, if you have to be able to *prove* that you don't own something in order to not own it then it would seem so.
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I also disagree that the Pirate Bay is nothing more than a search engine. If all they were doing was indexing results for torrent files on websites not their own, you have an search engine.
What differentiates the Pirate Bay is that they host the .torrent files which are used for the unauthorized distribution of copyrighted materials. This directly facilities copyright infringement.
As long as the burden is on BREIN and they can provide evidence that the .torrent file is copyrighted material there is no real injustice here.
File sharing copyrighted material is illegal whether you agree with it or not. If you're in the business of providing a service which is often used for illegal purposes expect the law to be enforced upon you.
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Re:
How many automobiles do you think never get used for illegal purposes?
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Re: Re:
Never. Cars don't sell drugs, they don't kill people, they don't rob banks. The people who drive them might.
Sort of different, no?
Nobody is telling torrents to stop being torrents, they are only telling the guys making the illegal stuff available to stop making it available.
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Re: Re: Re:
Reading comprehension is apparently not a strong point with you. The question wasn't about how many cars commit crimes but rather about how many get *used* for illegal purposes.
Sort of different, no?
I would ask you the same thing, but considering your demonstrated comprehension skills, I doubt that you'd understand.
Nobody is telling torrents to stop being torrents...
I hope not, because you really can't tell a torrent file much of anything. They're simply files, not sentient beings. Your apparent belief otherwise simply astounds me.
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Re:
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Re: Re:
Actually, in the 164 countries that are party to the Berne Convention, works are automatically copyrighted when they are created. This would indicate that whoever created the actual torrent file automatically owned the copyright on it as soon as they created it. This also means that claiming copyright infringement of a torrent file that you didn't actually create, such as a movie company might do, is probably copyfraud.
Now, just because a work, even a torrent file, is copyrighted that does not mean that it is an infringement to copy or distribute it. It is only infringement if done without permission.
The question arises though as to whether or not torrent files contain enough of a creative element to be covered by copyright. The answer to that may vary from country to country.
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Copyrighted Files
If by "copyrighted" they mean "copyright infringing" then that part of the ruling shouldn't have much effect because, as I understand it, TPB doesn't offer infringing files for download.
However, if they really mean "copyrighted" then that would mean just about everything, infringing or not. Even downloading, say, Linux would violate the order in that case. Is it to become illegal to download Linux in Holland?
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...
You're an idiot.
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