One the biggest piracy-related stories of the year broke this week after Swedish authorities succeeded in their quest to take over two key Pirate Bay domains.
The court order, handed down Tuesday, will see ThePirateBay.se and PirateBay.se fall under the control of the Swedish government, provided no appeal is filed in the coming weeks. It’s been a long and drawn out process but given the site’s history, one with an almost inevitable outcome.
Over in the United States and spurred on by ‘rogue’ sites such as TPB, much attention has been focused on depriving ‘pirate’ sites of their essential infrastructure, domains included. Just last week the MPAA and RIAA appeared before the House Judiciary Committee’s Internet subcommittee complaining that ICANN isn’t doing enough to deal with infringing domains.
Of course, having ICANN quickly suspend domains would be convenient, but entertainment industry groups aren’t completely helpless. In fact, yet another complaint filed in the United States by TV company ABS-CBN shows how easily it is to take control of allegedly infringing domains.
The architect of several recent copyright infringement complaints, in its latest action ABS-CBN requested assistance from the United States District Court for the Southern District of Florida.
The TV company complained that eleven sites (listed below) have been infringing its rights by offering content without permission. To protect its business moving forward ABS-CBN requested an immediate restraining order and after an ex parte hearing, District Court Judge William P. Dimitrouleas was happy to oblige.
In an order (pdf) handed down May 15 (one day after the complaint was filed) Judge Dimitrouleas acknowledges that the sites unlawfully “advertised, promoted, offered for distribution, distributed or performed” copyrighted works while infringing on ABS-CBN trademarks. He further accepted that the sites were likely to continue their infringement and cause “irreparable injury” to the TV company in the absence of protection by the Court.
Granting a temporary order (which will become preliminary and then permanent in the absence of any defense by the sites in question) the Judge restrained the site operators from further infringing on ABS-CBN copyrights and trademarks. However, it is the domain element that provokes the most interest.
In addition to ordering the sites’ operators not to transfer any domains until the Court advises, Judge Dimitrouleas ordered the registrars of the domains to transfer their certificates to ABS-CBN’s counsel. Registrars must then lock the domains and inform their registrants what has taken place.
Furthermore, the Whois privacy protection services active on the domains and used to conceal registrant identities are ordered to hand over the site operators’ personal details to ABS-CBN so that the TV company is able to send a copy of the restraining order. If no active email address is present in Whois records, ABS-CBN is allowed to contact the defendants via their websites.
Once this stage is complete the domain registrars are ordered to transfer the domains to a new registrar of ABS-CBN’s choosing. However, if the registrars fail to act within 24 hours, the TLD registries (.COM etc) must take overriding action within five days.
The Court also ordered ABS-CBN’s registrar to redirect any visitors to the domains to a specific URL (http://servingnotice.com/BL4G47/index.html) which is supposed to contain a copy of the order. At the time of writing, however, that URL is non-functional.
Also of interest is how the Court locks down attempts to get the sites running again. In addition to expanding the restraining order to any new domains the site operators may choose to move to, the Court grants ABS-CBN access to Google Webmaster Tools so that the company may “cancel any redirection of the domains that have been entered there by Defendants which redirect traffic to the counterfeit operations to a new domain name or website.”
The domains affected are: freepinoychannel.com, lambingan.to, pinoymovie.to, pinoynetwork.to, pinoytambayan-replay.com, pinoytambayantv.com, tambaytayo.com, tvnijuan.net, phstream.com, streampinoy.info and tambayanatin.com.
Despite the order having been issued last Thursday, at the time of writing all but one of the domains remains operational. Furthermore, and in an interesting twist, pinoymovie.to and pinoynetwork.to have already skipped to fresh domains operated by none other than the Swedish administered .SE registry.
