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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."

23 of 455 comments (clear)

  1. Re:Hurrr by sopssa · · Score: 5, Informative

    If you read the article, it means they have to block them too, and also block all dutch users from accessing *all* copyrighted torrents.

    Other interesting parts from the article:

    The defense had argued that not Fredrik, Gottfrid and Peter were not the owners of the site, but a Seychelles based company named Reservella. The Court rejected this defense as the defendants could not name the current owners or provide any documents proving that the site was sold. It concluded that the three defendants are responsible for the site.

    This doesn't really sound like a surprise. They're still actively working on the site too.

    Ernst-Jan Louwers, the lawyer for the three Pirate Bay defendants told TorrentFreak that his clients are currently considering whether or not to appeal this judgment.

    Sounds like they're actually starting to giving up. All the recent news and problems probably have softened them up.

  2. So... the dutch? by epiphani · · Score: 5, Insightful

    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.

    --
    .
    1. Re:So... the dutch? by interkin3tic · · Score: 4, Funny

      Don't forget to put a disclaimer on your site saying "Dutch users may NOT download from this site." That'll fix their little red wagon.

      I mean, I'm not a lawyer, but I'd say that's at least 300% certain to prevent the dutch from having any juristiction. Incidentally, I am also not a guy who does stuff with numbers and percents for his job.

      By the way, due to libel laws, this post may not legally be read in England.

    2. Re:So... the dutch? by Korbeau · · Score: 5, Funny

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

      Ce message contrevient aux normes françaises d'utilisation d'un médium interactif à des fins de propagande anti-patriotiques. Prière de le détruire immédiatement, sacrebleu!

          - Nicolas

    3. Re:So... the dutch? by sopssa · · Score: 5, Informative

      Well, this guy was extradited from Australia to USA for copyright infringement

      Australian pirate to be extradited to the United States

      A ground-breaking ruling against an Australian man accused of pirating software, games and music worth over $50 million should have all pirates in the world scared. Hew Raymond Griffiths who went by the online name BanDiDo, has never been to the United States but will be tried in a U.S. court after the U.S. won the battle to extradite him.

    4. Re:So... the dutch? by PopeRatzo · · Score: 4, Funny

      Gjør at alle begynner å snakke med vårt eget språk på engelsk forum!

      Why don't you speak English? If it was good enough for Jesus Christ, it should be good enough for you.

      --
      You are welcome on my lawn.
    5. Re:So... the dutch? by TubeSteak · · Score: 5, Insightful

      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.

      --
      [Fuck Beta]
      o0t!
  3. What law? by Smegly · · Score: 4, Insightful

    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!"

  4. Cool by Anonymous Coward · · Score: 5, Funny

    Cool. I get to not go to france AND tell the court to stuff it!

  5. EU law by SmallFurryCreature · · Score: 4, Insightful

    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.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  6. Re:Hurrr by garcia · · Score: 5, Insightful

    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.

  7. Re:Hurrr by _Sharp'r_ · · Score: 4, Interesting

    They should just provide a link on the site to the online version of the court order listing all the links they're supposed to delete.

    Then let them sue the court.

    --
    The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
  8. Re:Jurisdiction? Enforcement? by Coren22 · · Score: 4, Funny

    sudo bring me some cake

    sudo hurry up

    sumo flattened

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  9. As I've said before. by neo · · Score: 5, Insightful

    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.

  10. Re:Hurrr by schon · · Score: 5, Interesting

    block all dutch users from accessing *all* copyrighted torrents.

    So they have to block all Dutch users then?

    I would be surprised if there was a *single* item on TPB that wasn't copyrighted, whether it's legal or not.

    Linux distros? Perfectly legal, but still copyrighted.

    Is someone screwing up the translation, or is the Dutch court really that brain-dead?

  11. They have removed torrents... by Animaether · · Score: 4, Insightful

    - 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.

  12. Re:Hurrr by Kozz · · Score: 4, Informative

    On the occasions when I need to find something via BitTorrent that I'm not certain I can find anywhere else, I will check this bookmark:
    http://netforbeginners.about.com/od/peersharing/f/torrentsearch.htm

    I can't keep up with which torrent sites are up, down, removed or what. This page usually gives me a fighting chance of finding a functional torrent-related site with the *cough* information I need.

    --
    I only post comments when someone on the internet is wrong.
  13. Translation correct - source incorrect by Animaether · · Score: 4, Informative

    From the verdict ( http://zoeken.rechtspraak.nl/resultpage.aspx?snelzoeken=true&searchtype=ljn&ljn=BK1067&u_ljn=BK1067 - Dutch ), emphasis mine...

    7.2. Orders the contributors of TPB, each separately and together, to remove and keep removed any of the torrent files offered on TPB with which files containing works subject to the copyrights of authors who are members of The Brein Foundation [Stichting Brein] may be exchanged, with a penalty of EUR 5,000.00 each time they (TPB, ed.) do not conform to this order, with a maximum of EUR 3,000,000.00.

    So, no, this isn't about ALL torrent files. Your Linux Distros and such are safe.

    1. Re:Translation correct - source incorrect by Anonymous Coward · · Score: 5, Funny

      Well in order for me to find out if the work really DOES belong to the Brein group, I need a complete computer-usable copy of all their work so I can download all the torrents and check if they are part of their copyright realm.

      I will also need a large ISP connection. I will charge the Brein group for this since I'm now an agent trying to protect THEIR copyrights.

      I promise not to deliberately hand any of this information over to unscrupulous parties. I will use the same protective techniques the UK Ministry Of Defence uses! That should be secure enough!

  14. Holland and the Netherlands by Fuzzums · · Score: 4, Informative

    Holland : The Netherlands => California : The USA

    --
    Privacy is terrorism.
  15. baseless panic by circletimessquare · · Score: 4, Insightful

    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)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  16. Re:List by H0p313ss · · Score: 4, Funny

    They might just dress you up in women's clothing...

    ... and hang around in bars?

    --
    XML is a known as a key material required to create SMD: Software of Mass Destruction
  17. Re:Hurrr by cheftw · · Score: 5, Funny

    And do you think that they aren't entitled to make a living?

    People like you make me sick.

    --
    Always back up, never back down. ---- Think you're cool 'cos your uid is prime? Take mine, modulo the one digit integers