Court Orders the Pirate Bay To Delete Torrents

lbalbalba writes "A Dutch court ruled today that The Pirate Bay has to remove a list of torrents linking to copyrighted works. The list is to be provided by BREIN (similair to the RIAA, in Holland), and is similar to the earlier ruling against Mininova. The defendants are given three months to comply, if not, they will face penalties of 5,000 euros ($7,500) per person, per day."

Comments

So... the dutch?

[epiphani]

Just out of curiosity, what jurisdiction do the dutch have?

I'm pretty sure if someone in France decided to order me to delete something, I'd tell them to get stuffed.

Re:So... the dutch?

[TubeSteak]

Just out of curiosity why are so many slashdotters pro Pirate Bay. Even if they may not breaking the letter of the law they are going against the intent of the law.

Article I, Section 8, Clause 8 of the United States Constitution
To promote the Progress of Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

1790: the first copyright law was 14 years + a 14 year extension if the author was alive.
1909: the copyright term was doubled to 28 years + 28 year extension
1976: 75 years or life + 50 --- what the fuck!
1998: 95/120 years or life + 70 --- what the fuck + 20 years!
2019: We'll see

In my humble opinion, the intent of current US copyright law no longer follows the intent of the Constitution or original US copyright law.

What law?

[Smegly]

What law do they have that says you can't _link_ to copyright material? The *IAA's are celebrating their victories lately... EU Amendment 138 : Killed. Pirate Bay: Offline. Three strikes Laws: Here we come EU, AU, .... Spokesperson for *IAA's overheard saying: "Try route around that damage, Ha!"

EU law

[SmallFurryCreature]

The EU is more then just the economic union it was meant to be. It is being used a tool to make the most extreme rules of one nation affect everyone else, the content mafia happily exploits this by trying in all different countries at once, seeing what gets through and so affect the whole EU at once.

The EU powers happily cooperate, EU law should rule all citizens except those in power as was made clear today when Berlesconi was not chastised for his many crimes.

Seems hosting a torrent in another country is bad. Controlling all media in another country, that is that others country business.

Re:Hurrr

[garcia]

From: http://thepiratebay.org/legal

Nice graphs for the law firms who don't get the hint above:

(we used to have a nice graph here, but it's simpler to just say: 0 torrents has been removed, and 0 torrents will ever be removed.)

I wonder if that still applies these days.

As I've said before.

[neo]

It's not property and you, sir, are not an intellectual.

The very idea that something infinitely reproducible could be considered to have value is preposterous and flies in the face of call macro economic theory. Infinite supply results in infinitesimal value.

Eventually people will realize that what is being called intellectual property is actually the result of a service, then we will all be happier.

I want to pay the person who provided the service, but pretending that something ethereal is property is not the way to do it.

It is simple to create copies, people will continue to do it and the companies who fight it will lose potential customers.

Wake up.

We are willing to pay for the services rendered, but your prices are ridiculous.

They have removed torrents...

[Animaether]

- empty torrents
- torrents with viruses
- child pornography torrents

The fact that TPB suggested that they remove such torrents actually worked against them in this case; after all, it means they do perform (some) filtering.

Judgment PDF: http://www.boek9.nl/www.delex-backoffice.nl/uploads/file/Boek9%20/Boek%209%20Uitspraken/Auteursrecht/Rb%20ASD%20Neij%20-%20Pirate%20Bay%20%2022%20oktober%202009.pdf
Judgment HTML: http://zoeken.rechtspraak.nl/resultpage.aspx?snelzoeken=true&searchtype=ljn&ljn=BK1067&u_ljn=BK1067

Both in Dutch; I wouldn't rely on babelfish/google translate, and user-provided translations tend to be rife with inexact translations of legal terms... should be a proper English translation in due time.

I'll translate the section that mentions these active filter claims, however...

5.9.2. In addition it has not been contested that contributors of The Pirate Bay are actively involved with torrents that are uploaded by users. Torrents that point to empty files, child pornography or viruses are removed. The Pirate Bay also offers the ability to chat with one of its contributors about the available torrents.

This is one of the findings under...

5.9. Remains the question of whether or not The Pirate Bay has illegaly acted against The Brein Foundation [Stichting Brein] by offering Torrents with which copyrighted files may be exchanged, as they (Brein) have noted in a subsidiary claim.

So as part of the findings of 5.9, determining whether TPB has acted illegaly against Brein, the active filtering issue has weighed against them; if they can filter those, then they should be able to filter torrents pointing to files of parties who are signed up with Brein.

baseless panic

[circletimessquare]

free television, then the vcr, then the dvd, now the internet: it was all supposed to destroy the movie theatre. it hasn't. movies will still sell tickets even if their dvd market is $0. sitting in your basement by yourself watching transformers on a 17 inch monitor and tinny speakers is just AWESOME dude ;-P even if you had a legal dvd

you can get a 55" HD tv and dolby surround sound in your rec room? oh right, because everyone can afford that. oh, and all your friends will show up on cue every time you feel the sudden urge to watch a movie, right? not to mention the new frontier of 3D content, 3 stories high immersive IMAX theatres, etc

fact: if hollywood gave away every movie it made for free on the internet on the same day as release, they would still be rolling in dough. because watching a movie at home does not, and will never replace the experience of seeing it in a theatre. even with all the crying babies and the cell phones (yes, there are people for which crying babies and cell phones has totally destroyed their desire to ever go theatres again: all 13 dozen of you in the us population: a small minor cranky fringe who are so perversely overly sensitive and overly reacting)

the modern movie theatre replaces, in effect, older shared cultural experiences like going to church, the public debate forum of old greece, going to see plays in victorian times, etc. we are social creatures. we crave fellowship, we know we are in the darkness with a couple hundred other people (munching popcorn: their presence is felt) and this validates our emotional experience in a movie: we SHARE it

why do you write on slashdot? you wish to SHARE your feelings and thoughts. this is what it means in many ways to be human. when you go to a horror movie, and you gasp at a shocking scene, the experience in heightened when you also hear a woman shriek behind you. when you hear laughter at a comedy in the audience around you, you in turn laugh louder and feel more mirthful. why do television sitcoms pipe canned laughter over their shows? its a genuine human sociological effect

the point? if all of intellectual property laws were erased, we would see an INCREASE in cultural output and quality, without the laws getting in the way of artists attempting to create art (and running into interference from the great grandson of a guy who wrote a song he wants to use on a soundtrack, etc), and without distributors telling us what to watch/ read/ listen to (internet sites devoted to rating output would do that instead)