The Pirate Bay and BREIN draw 1-1 in Dutch Courts

August 2010


Dutch anti-piracy organisation BREIN have had two results in the Dutch courts this month in their battle against The Pirate Bay. ┬áThe first court upheld a previous ruling that The Pirate Bay and its founders are liable for copyright infringement, and that the people running the rogue BitTorrent service should block access to it from anyone accessing the net in The Netherlands. It has been ignored even though the ruling set a fine in motion of $42,300 per day for every day TPB continued to be available in the country. Nearly one year on – and despite the mounting fines and the appeal court upholding the original ruling – TPB continues to be available in the Netherlands. Presumably frustrated with the failure if direct action against TPB, BRIEN brought a separate case to force internet service providers to block access to The Pirate Bay. One ISP, Ziggo, objected to efforts to force them to block TPB arguing that it is not their role to police the net and in separate Dutch court last week judges sided with the ISP on the grounds that TPB MAY have non-infringing uses and therefore it would be inappropriate to block access to the site to everyone.

CMU 20 July 2010

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