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Dutch court bans Pirate Bay in the Netherlands

AFP/The Local · 31 Jul 2009, 07:47

Published: 31 Jul 2009 07:47 GMT+02:00

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A judge ordered three owners of the site to "cease infringing the copyright of the members" of Stichting Brein, a trade association which represents the Dutch recording industry.

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.

Story continues below…

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.

AFP/The Local (news@thelocal.se)

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Your comments about this article

10:55 July 31, 2009 by bocale1
"The judge ordered Frederik Neij, Gottfrid Svartholm Warg and Peter Sunde to immediately make their website inaccessible to users in the Netherlands." well, it sounds to me like Swedish courts ordering the Dutch brothels to not let Swedes in since prostitution is prohibited in Sweden, or to do not sell hashish to them or any of the other bizarre things Netherlands is very famous in the world for...

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?
11:58 July 31, 2009 by byke
I do wonder if judges who are not qualified to understand the nature of this type of technology should be allowed to rule on it ?

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.
21:03 July 31, 2009 by bob3000

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.
08:49 August 2, 2009 by crunchy2k
This judge is just being silly...... There is no expectation of a solution to his order. His order doesn't carry any weight outside a treaty between the sovereign country of Sweden and sovereign country of Netherlands. And there isn't one. The protagonists BRIEN have talked an innocent judge into going down a slippery slope. What is next? BRIEN asking that movie trailers not licensed to be shown in the Netherlands be banned and blocked by people outside BRIEN's country. This order is an insult to the Sweds and an embarrassment to the Dutch themselves
03:55 August 7, 2009 by bob3000

"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?

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