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Judge Rules Takedown of Pirate Party General Proxy Illegal

CAPSLOCK2000 writes "The Dutch Pirate Party (PPNL) just won a court-case against BREIN. Last week BREIN got a court to issue an emergency order to take down a reverse-proxy to The Pirate Bay. The next day BREIN claimed the court order also included a generic proxy also ran by PPNL and any other service that might lead to TPB (aka hyperlinks). PPNL responded with an emergency lawsuit of their own, asking for a literal interpretation of the verdict instead of BREIN's broad reading. The judge acknowledged the narrow interpretation of the verdict. proxy.piratenpartij.nl stays up and tpb.piratenpartij.nl now sports a list of other ways to reach The Pirate Bay. Due to the Streisand effect this list has grown to a considerable length. Noteworthy is that The Pirate Party got favorable verdict in a single day, a first in Dutch law." Full verdict (in Dutch). This is only a temporary order by the judge to keep the general-purpose proxy run by the Pirate Party and the list of alternative proxies to the Pirate Bay online. A full case hearing is expected on April 24th.

22 of 74 comments (clear)

  1. Is there more to say? by KGIII · · Score: 4, Informative

    I think it is enough to say, "Good."

    --
    "So long and thanks for all the fish."
    1. Re:Is there more to say? by Spad · · Score: 5, Insightful

      Oh I agree, but for the time being we just have to put up with BREIN.

    2. Re:Is there more to say? by MoonBuggy · · Score: 2

      My first thought was actually "Where does one draw the line?". So the people seeding the torrents are legally in the wrong by most standards - I have significant issues with current copyright law, but that's the way it goes. Apparently, The Pirate Bay are also in the wrong for providing the magnet links that facilitate this; more dubious, to my mind, but that seems to be the opinion of the Dutch courts. And The Pirate Party are also apparently in the wrong for actively circumventing the block, but not for providing instructions on how to circumvent it? How many levels of pointless obfuscation do we need before it's all clean and legal again?

    3. Re:Is there more to say? by i+kan+reed · · Score: 4, Insightful

      How about we hold people liable when we discover they actually violate a particular copyright, rather than trying to extent tort coverage to criminal concepts like "aiding and abetting". Seriously.

    4. Re:Is there more to say? by AngryDeuce · · Score: 5, Insightful

      Of all the times to be out of mod points...

      The world will be a better place when the MAFIAA is gone. They're a relic from a time when an artist required a middleman to get their art to the masses, and internet has made them largely unnecessary.

      I have as much sympathy for them as the first automobile owners had for the harrier. It's progress, baby...

  2. Piracy is fast becoming a civic duty by mykos · · Score: 5, Insightful

    Clearly the anti-piracy outfits have no respect for the law; perhaps people should start doing what they can to quit funding them.

  3. The Netherlands is important because... by dryriver · · Score: 5, Insightful

    The Netherlands is an important battleground, because 1) the Dutch are strong believers in individual freedoms and rights, and 2) because what happens in the courts in the Netherlands may affect what happens in other EU Zone courts. The Dutch are usually very liberal/libertarian in their political outlook. Its unlikely that the Dutch Public would ever back the Copyright/IP Lobby politically. Dutch Politicians/Bureaucrats, and perhaps also Dutch Courts, sadly, may be a different beast. The "Legal Right to Protect Intellectual Property" may win over the politicos/bureaucrats/judges. Its going to be interesting to see which way this court battle ultimately swings, and how the Dutch Public will react to the results. I personally can't see the Dutch Public backing the IP lobbyists at all. The country is too freedom-loving by nature for the IP Lobbyists to be able to make much of a dent, politically speaking.

    --
    Why did the chicken cross the road? Because Elon Musk put an AI chip in its head.
    1. Re:The Netherlands is important because... by RichardDeVries · · Score: 3, Informative

      The problem is not whether or not people believe in individual freedoms and rights. The problem is that the consequences of BREIN's actions are hard to explain, while BREIN's motives sound good to the layman (protecting creativity and all that).

      I think the Dutch are spoiled in a way. We grew up knowing that are freedoms were taken care of by politicians, the media and the judicial system. Now that certain freedoms are being questioned, we don't know how to interpret the issues, let alone how to respond to them.

      --
      Error 001
      Security Scan and Virus Detection do not work with your operating system.
    2. Re:The Netherlands is important because... by hvm2hvm · · Score: 3, Insightful

      Being freedom-loving and pretending to be freedom-loving while actually being apathetic/lazy are two different things.

      --
      ics
    3. Re:The Netherlands is important because... by Anonymous Coward · · Score: 5, Insightful

      1) the Dutch are strong believers in individual freedoms and rights

      Same with the USA.

      You think so? TSA, Guantanamo, over a decade of poorly-justified wars, attempts to stigmatize abortion through law, the steady lowering of the maximum legal BAC, the so-called "war on drugs", the extremely large prison population including the rise of a for-profit industry with the purpose of imprisoning minors, metal detectors in schools, the rise of the surveillance state, the growing wealth imbalance aided by law, on and on... we claim to love individual rights, but I would not want to have to defend our actions of the last decade or so in a court of my peers. It would be easy to defend the statements that the US loves business and the US loves money, though; I think freedom is in third place here, at best.

    4. Re:The Netherlands is important because... by pahles · · Score: 2

      The problem is that the consequences of BREIN's actions are hard to explain, while BREIN's motives sound good to the layman (protecting creativity and all that).

      Excuse me? The layman in the Netherlands thinks BREIN are a pain in the ***, shutting down websites, proxies, making it difficult to legally (according to Dutch law) download music and movies. So, which motives do you have in mind?

      --
      Sig?
  4. Secret fan by geekmux · · Score: 2

    "This is only a temporary order by the judge to keep the general-purpose proxy run by the Pirate Party and the list of alternative proxies to the Pirate Bay online.

    Sounds like somebody is a fan of torrents...

  5. Re:Wait a second.. by Calydor · · Score: 3, Insightful

    It may be more accurate to say they won this battle, but the war is not over yet.

    --
    -=This sig has nothing to do with my comment. Move along now=-
  6. Legality of generic proxies by Hentes · · Score: 3, Insightful

    If generic proxies are considered illegal, what's the next step? Outlawing Tor? Clearly shows that there is no middle ground between free speech and full censorship on the net: if you wan't to effectively censor a content, you have to become an authoritarian power yourself.

    1. Re:Legality of generic proxies by CAPSLOCK2000 · · Score: 4, Informative

      Allready happening. A few weeks ago the Dutch media were portraying TOR as the new Sodom & Gomorra of the Internet. Questions have been asked in parliament about blocking TOR. Ofcourse the media only focus on the downsides of having a truly anonymous network and not on the reasons of building such a network in the first place.

  7. so when we say by nimbius · · Score: 3, Interesting

    "the land of the free and the home of the brave" we really mean, the Netherlands, right? i mean first the anders attack which by all indications the entire populous outright refused to be intimidated by at all. Now we have the government recognizing a body of highly controversial individuals and their right to remain independently available on the internet, despite what i can only imagine is some very overt pressure from the United States State Department and its notorious foreign cables.

    in stark contrast as an american, i actually feel ashamed to stand up for the national anthem. secret prisons, targeted killings, Immigrations and customs randomly kicking websites off the internet they dont like. We should probably pack in the statue of liberty at this point too; the half-million undocumented immigrants that serve as our permanent slave-class certainly havent benefitted as tired huddled masses.

    --
    Good people go to bed earlier.
    1. Re:so when we say by BorgDrone · · Score: 3, Informative

      "the land of the free and the home of the brave" we really mean, the Netherlands, right? i mean first the anders attack which by all indications the entire populous outright refused to be intimidated by at all.

      You know the whole Anders Breivik thing happened in Norway, not the Netherlands; right ?

    2. Re:so when we say by Anonymous Coward · · Score: 4, Funny

      Norway is the capital of the Netherlands, silly.

  8. Re:Not piracy by Anonymous Coward · · Score: 4, Insightful

    Now see there's the problem. That won't help you. These organisations have been able to buy laws that in a lot of countries demand you pay them even if you are not listed with any of their organisations and wrote the music yourself. It's the corruption that's involved with these companies not just music that's the issue.

  9. Dinosaurs by Safety+Cap · · Score: 4, Insightful

    Gnash and roar loudly as they sink into the tar pits.

    They may hurt teh interwebs on their way down, but their efforts are futile; culture will never again be produced by the few and consumed only by everyone else.

    (BTW, Lessig has a great Ted Talk about how everyone is a content producer now.)

    Perhaps the MAFIAA think they can turn back the clock because they suffer from Dunning-Kruger? Either way, they need to die and die soon so the rest of us can get on with making badass remixes and fanfic.

    --
    Yeah, right.
    1. Re:Dinosaurs by Requiem18th · · Score: 3, Insightful

      Or not, I think we are at a breaking point in history where it could go either way.

      On the one hand, more and more alternative sources of content have arisen. People spend a lot of their time doing things other than watching movies and television. Social media and user generated content is growing strong, and together with that, advances in technology are making encrypted darknets more and more feasible. Piracy is ubiquitous in the third world and the MAFIAA and RIAA are almost uniformly hated by everyone who knows who they are and what they do, except the people who directly benefit from them. The rejection of SOPA/PIPA marked an historical event where a huge mass of people aligned to make an International protest that effectively stopped a horrible set of laws from being enacted.

      However, modern versions of Windows, as well as Android and iOS are getting increasingly draconian. We now have hardware that can't dual boot and extensive DRM support in both software and hardware. Videogame consoles are becoming just encrypted hard drives where "content" is rented in smaller and smaller pieces to milk as much possible from the gamers. Each day more and more people are surrendering more of their live to "the cloud" and the cloud is getting more and more aggressive about what it can do with your information. It is quite possible that we are heading to a new dark age where all computers are nothing but telescreens out of the control of their users. Sure, you will always be able to install ubuntu/mint/debian on your devices, if you want to, but if you install the distro of your choice, the DRM won't work, you won't be able to watch the movies youpaid for, your hacked phone won't connect to the VOIP service of your choice, maybe your ISP will deny you service for using a "rouge OS" known to enable piracy and terrorism. Hell, maybe you won't even be able to see your friends' pictures on facebook once facebooks makes a mandatory app for accessing pictures, obviously a security feature against Child Porn and also send them to the printer with cute virtual stickers and BTW it is the *only* way to print them, on your printer which also refuses to work without DRM and can only be used with the factory approved OS.

      It really could go both ways at this point.

      --
      But... the future refused to change.
  10. Re:Not piracy by MisterMidi · · Score: 5, Interesting

    No kidding. It was impossible for our band to get some demo CDs pressed without paying BUMA/STEMRA (Dutch MAFIAA) rights, even though they were our own works and the CDs weren't commercial. We were told that we could claim when the CDs were sold - which we never did because they were free demos. Even if we would have sold them, there was no way we could get any money back because we wouldn't have reached the threshold. So basically, smaller bands are paying for the MAFIAA and the bigger artists. I say, screw them in every way you can.