Pirate Bay

Pirate Bay, Swedish file sharing site

26th April

Update: Wasn't Us Guv...

IWF statement regarding Pirate Bay

The IWF list contains only publicly available web based content and only URLs related to indecent images of children. We have no role regarding peer-to-peer traffic and have never taken any action regarding Pirate Bay as it is outside our remit.

The UK code of practice for the self-regulation of new forms of content on mobiles is available on our website for informational purposes, however, it is not overseen by the IWF nor do we have any role in its implementation.

Unfortunately we do not know why our organisation has been referenced in relation to any action regarding Pirate Bay.


26th April

Updated: Censorship Wedge Being Driven In...

Dutch court orders proxy servers to close on the grounds they could be used to circumvent the blocking of Pirate Bay

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 from  torrentfreak.com
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 from  torrentfreak.com

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 proxy.

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 from  torrentfreak.com

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 party.

In short BREIN's demands are as follows.

  1. The Pirate Party should be banned from operating a reverse proxy for Pirate Bay
  2. The Pirate Party should be banned from operating a generic proxy service
  3. The Pirate Party should be banned from linking to third-party proxies
  4. The Pirate Party should be banned from listing new IP-addresses / domains Pirate Bay registers
  5. 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.


12th May

Update: Creating a Legal Bag of Worms...

Judges patch Dutch law in an attempt to ban work rounds to the blocking of The Pirate Bay

The Court of The Hague has handed down another ruling that restricts access to The Pirate Bay website. The Court has forbidden the Dutch Pirate Party from linking to, operating or listing websites that allow the public to circumvent a local Pirate Bay blockade. The political party is further ordered to shutdown its reverse proxy indefinitely and block Pirate Bay domains and IP-addresses from its generic proxy.

After two Dutch ISPs were ordered to censor The Pirate Bay earlier this year there was an influx of visitors to Pirate Bay proxy sites. In an attempt to take these proxies offline the Hollywood funded anti-piracy group BREIN obtained an injunction against one of the sites and used this to convince others to shut down as well.

The list of secondary targets included the local Pirate Party, who initially refused to give in to the demands but were later ordered to take their reverse proxy offline by the court. The Pirate Party claimed that the case against them amounted to a restriction of their freedom of speech, and sued BREIN over the order.

The Court of The Hague then delivered its verdict, which confirms most of the earlier injunction. The Pirate Party is now forbidden from encouraging the public to circumvent the Pirate Bay blockade and from listing or hosting tools that can enable others to do so. Should the Pirate Party fail to comply with the Court's ruling it faces fines of EUR5,000 per day to a maximum penalty of EUR250,000.

Pirate Party chairman Dirk Poot told TorrentFreak:

For many who where hoping for the law to come to the rescue of basic civil liberties, today must be a rough awakening. This ridiculously broad verdict allows BREIN to take down any site that is posting information that displeases their censors.

A first in Dutch law is that a judge has now also ordered a generic proxy to filter internet traffic as well. BREIN has created jurisprudence that will now allow them to come after any open proxy they have set their sights on.



Offsite Article: Dutch ISPs to Restore The Pirate Bay...

Link Here 30th January 2014
Full story: Pirate Bay...Pirate Bay, Swedish file sharing site
The Court of The Hague ruled that the blockade is disproportionate, ineffective, and hinders the Internet providers' entrepreneurial freedoms.

See article from torrentfreak.com



Update: Court Judgement Shared...

Pirate bay to be blocked in France

Link Here 10th December 2014
Full story: Pirate Bay...Pirate Bay, Swedish file sharing site
France has become the latest country to the block world's number one file-sharing site, The Pirate Bay, in an effort to defend copyright-protected content.

The ruling of the Grand Instance Court of Paris ordered the country's leading internet providers, including Orange, Bouygues Telecom, Free and SFR, to ensure all measures are put into place to prevent access (to the site) from French territory . In addition to the main site address, the court banned around 20 mirror websites and 50 proxy servers that allow users to download content from the Swedish site.

Now internet service providers have 15 days to prevent access to the file-sharing site, which some 28.7% of people in France visited at least once a month last year, according to anti-piracy group Alpa.

The court ruling follows legal action by the anti-piracy group La Societe Civile des Producteurs Phonographiques (SCPP), which represents some 2,000 music labels that brought the request before the court this year.


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