Dutch anti-piracy outfit BREIN has been successful in court against the alleged operators of The Pirate Bay, but despite several court orders the site is still accessible to the public.
Because the operators of the site fail to take the site offline in The Netherlands, BREIN has extended its focus to Internet providers. This tactic has been pioneered successfully in both Italy and Denmark, but today The Hague’s Court decided that The Pirate Bay wont be blocked in The Netherlands.
BREIN wanted the largest ISP in The Netherlands, Ziggo, to implement a DNS and IP address block of The Pirate Bay, with any future domain names and IP addresses of the site to be blocked within 24 hours of notification by BREIN. The Court, however, argued that blocking all customer access to The Pirate Bay goes too far.
The Court ruled that there is no evidence that the majority of the customers are using The Pirate Bay to infringe copyright. If BREIN wants to stop the actions of individual customers it has to go after them separately. Blocking the entire Pirate Bay site is unjustified in this case, the Court concluded.
BREIN initially started a case against the ISP Ziggo, but rival XS4ALL joined to avoid a legal precedent which could have negative implications for the basic principles of the Internet. The company argued that if the case was lost, the ruling could have far-reaching consequences for both ISPs and Internet users.
With the present verdict the tide seems to be turning in Europe. In recent years both Italian and Danish providers were ordered to censor The Pirate Bay. However, in the last two weeks courts have ruled in favor of the ISPs in Belgium and The Netherlands.
Two weeks ago, BREIN’s counterpart in Belgium lost its case where it requested local ISPs to restrict user access to The Pirate Bay. A judge at the Antwerp Commercial Court rejected the blocking demands and labeled them “disproportionate”, similar to today’s verdict in The Netherlands.
Despite having lost this preliminary case, BREIN is expected to go ahead with a full trial against Ziggo. The anti-piracy outfit sees an ISP block as the only option left to stop The Pirate Bay. The verdicts they won against the site’s operators aren’t worth much since ‘the world’s most resilient torrent site’ is still very much alive in The Netherlands.
“It is unacceptable that The Pirate Bay and its administrators would walk free by hiding in Thailand and Cambodia and ignoring judgments,” BREIN chief Tim Kuik commented. “We’re not going to let this go. We have started a full trial against Ziggo and XS4ALL, but we will also appeal against today’s controversial ruling by the judge.”
