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February 15, 2012
Dutch court bans Pirate Bay in the Netherlands
Published: 31 Jul 09 07:47 CET | Double click on a word to get a translation
Online: http://www.thelocal.se/21016/20090731/
A Dutch court on Thursday ordered Swedish file sharing website The Pirate Bay be banned from operating in the Netherlands.
- Pirate Bay-trio to sue Dutch copyright group (24 Jul 09)
- Swedish IT company to buy Pirate Bay (30 Jun 09)
- Pirate Bay served with Dutch lawsuit via Twitter and Facebook (24 Jun 09)
The group had brought an urgent application for the ban at the district court in Amsterdam.
For every day the ruling is ignored, the owners will be fined €30,000 ($42,000) up to a maximum of three million euros, said a judgment published by the court.
The interdict would remain valid for two months, by which time Stichting Brein must have filed an application for a permanent ruling, or it will lapse.
The judge ordered Frederik Neij, Gottfrid Svartholm Warg and Peter Sunde to immediately make their website inaccessible to users in the Netherlands.
Founded in 2003, The Pirate Bay makes it possible to skirt copyright fees and share music, film and computer game files for free using bit torrent technology, or peer-to-peer links offered on the site.
None of the material can be found on the server of The Pirate Bay, which claims to have more than 20 million users worldwide.
A Swedish court in April found Neij, Sunde and Swartholm Warg guilty with a fourth colleague, Carl Lundström, for promoting copyright infringement by running the site and sentenced them to a year in prison.
They were also ordered to pay damages of 30 million kronor ($3.56 million) to the movie and recording industry.
The four have appealed the verdict, though no date has been set for the hearing.
In June, a Swedish gaming group said it would buy The Pirate Bay, one of the world's most popular file sharing sites, for €5.6 million.
The company, Global Gaming Factory (GGF), said it planned to begin paying copyright fees once the deal is completed.
Stichting Brein welcomed the ruling, describing The Pirate Bay as "patently illegal" and saying GGF would also be held to the letter of the law.
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Is that allowed?
I mean a foreign court to order something to people not under its jurisdiction? Should they instead ask their own ISP´s to simply make this site not reachable from within Holland as done in many dictatorships countries?
Obviously this judgement is designed to send a strong message more than anything else, but even so .... what a waste of dutch TAX considering the ruling appears to be self void.
They are ordering TPB to enforce a GeoIP filtering - anyone in Holland will/should be blocked. Dutch citizens in Sweden of course can still access it having an IP in Sweden.
If TPB do not comply, I'm sure they will approach Dutch ISP's to do the blocking, similar to the potential filtering situation in Australia.
I think your analogy misses the concept of being physically in a location and accessing services on the internet. The Dutch are not driving up to Sweden to use TPB or maybe they are, but surely they can sit at home an access it via the internet - maybe you know better.
"This judge is just being silly.....There is no expectation of a solution to his order." - that is your considered opinion based upon your legal qualifications is it?
Brilliant.