BREIN, the Dutch entertainment industry trade association, has obtained a court order forcing a proxy provider to close down on the grounds
that the site facilitated access to a well known file-sharing website.
In January, the Court of the Hague ordered two of the Netherland's largest broadband providers to block the Pirate Bay via both IP and DNS blocking. However, users were still able to access the site via a number of proxy servers, some created with
the purpose of circumventing the blocking regime.
But last week BREIN obtained an injunction requiring the proxy site tpb.dehomies.nl to close down or face a fine of EUR1000 for every day the site remains online. The trade association immediately contacted the operators of a number of other proxy
servers threatening similar legal action if they refuse to close down their services. At least four complied within a week.
Update: Pirate Party Put up a Fight
10th April 2012. See article
See also depiratenpartij.wordpress.com
In their ongoing efforts to make The Pirate Bay inaccessible, the Hollywood-backed anti-piracy outfit BREIN is now going after the Dutch Pirate Party. BREIN is demanding that the political party ceases operating a proxy site, and is threatening to sue.
The Pirate Party is not impressed by the demands and has sent BREIN their response as a torrent, fittingly hosted at The Pirate Bay.
Proxy sites sprung up in the Netherlands to work around ISP blocking of The Pirate Bay. In the space of a few days hundreds of individuals setup proxy websites that allow customers of the ISPs to continue using The Pirate Bay.
Countering this move, local anti-piracy outfit BREIN obtained an injunction from the Court of The Hague which instructed the proxy site tpb.dehomies.nl to shut down or face a 1000 euros a day fine. The group is now using this injunction to press
other site owners to do the same.
Last week the local Pirate Party also received a letter from BREIN, demanding the shutdown of their Pirate Bay proxy site hosted at tpb.piratenpartij.nl. However, unlike the site owners that were previously contacted by the group, the Pirate Party
is not caving in. They would rather fight the case in court.
The Party informed BREIN that the proxy site will stay online. To show that The Pirate Bay can be a useful communication tool the Pirate Party sent the letter through a torrent file, hosted on the BitTorrent site at the center of the dispute.
The demands are ridiculous, Pirate Party chairman Dirk Poot told TorrentFreak:
A private lobbying organization should not be allowed to be the censor of the Dutch internet. We were also amazed to find an ex-parte decision attached, threatening Dutch minors with EUR1000 per day fines for operating their proxy.
If we would have yielded, their trick would immediately be played out against numerous other private citizens.
Update: Injuncted to Close
20th April 2012. See article
Last week the Dutch Pirate Party refused to cave in to the demands of Hollywood-backed anti-piracy group BREIN, who ordered the political party to take their Pirate Bay proxy offline. As expected, BREIN didn't let the case rest.The group obtained
an injunction from the Court of The Hague which ordered the Pirates to shutter the proxy within 6 hours, or face a fine of 10,000 euros per day.
So the Pirate Party kept the proxy site offline and consulted with lawyers to see what steps could be taken next. However, BREIN wasn't sitting still either and asked the Court of The Hague for a new injunction, specifically naming the Pirate Party
This injunction was issued, and the court orders the Pirates to take the proxy offline within 6 hours, or face a penalty of 10,000 euro per day. BREIN successfully argued that the proxy is an immediate threat to the effectiveness of the ISP blockade,
and submitted tweets of Pirate Party chairman who confirmed how much traffic the site received.
Faced with huge fines, the Dutch Pirate Party saw no other option than to take the proxy offline, replacing it with a list of tip and alternative proxies. Monday the Pirate Party will file a request to overturn the injunction, meaning that while
BREIN won the first battle, the war is far from over.
Update: Now Hollywood trade group attempts to gag a political party
26th April 2012. See article
The Hollywood-backed anti-piracy outfit BREIN is going all out to make The Pirate Bay inaccessible to the Dutch public. After successfully blocking The Pirate Bay through court, and then censoring proxy sites that linked to it, they are now demanding
that the Pirate Party should be banned from discussing how easily Internet censorship can be circumvented. The political party is baffled by the proposed gag-order and has asked the court to lift all censorship efforts.
The case, in which the Pirate Party asked the court to lift all censorship restrictions, was heard by the court. BREIN, however, did exactly the opposite by submitting a rather broad set of new demands essentially asking the court to gag the political
In short BREIN's demands are as follows.
- The Pirate Party should be banned from operating a reverse proxy for Pirate Bay
- The Pirate Party should be banned from operating a generic proxy service
- The Pirate Party should be banned from linking to third-party proxies
- The Pirate Party should be banned from listing new IP-addresses / domains Pirate Bay registers
- The Pirate Party should be banned from encouraging people to circumvent the Pirate Bay blockade
If the Pirate Party violates the above terms BREIN asked for a penalty of EUR10,000 per day, up to a maximum of EUR250,000.
Needless to say, the demands of the anti-piracy group are unprecedented for a copyright related case. It is essentially a gag-order to enforce a previously obtained court verdict. If the court sides with BREIN this will have rather far-reaching
consequences for people's freedom of speech.