

The Pirate Bay Ordered to Delete Copyright-Infringing Torrents - jacquesm
http://erictric.com/world/the-pirate-bay-ordered-to-delete-copyright-infringing-torrents

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jacquesm
Translation of [http://www.nu.nl/internet/2107489/the-pirate-bay-hoeft-
niet-...](http://www.nu.nl/internet/2107489/the-pirate-bay-hoeft-niet-
zwart.html) :

AMSTERDAM - The controversial Swedish torrentsite the Pirate bay does not have
to be switched off. The mainainters will have to take care of removing
torrentlinks which in turn point to illegal copies of files such as movies or
music will have to be removed and should no longer be accessible for Dutch
users.

This is what the court in Amsterdam has decided on Thursday.

If the maintainers do not obey this court order then up to three million in
punitive damages can be awarded.

In Juli the judge also found in favour of the foundation 'Brein', which
demanded successfully the the site would be made inaccessible for Dutch users.
The case was done over because the maintainers of the Pirate Bay were not
present.

The summons had not reached them in time.

Damages

The judge found that the Pirate Bay is acting in conflict with the law by
allowing its users to structurally infringe copyright, and that it is 'very
likely' that the members of the foundation 'Brein' are experiencing damage.

Contrary to the first verdict this one does not force the maintainers of the
Pirate Bay to close the site off in its entirety.

Responsible

The lawyers for 'Brein' argued that the Pirate Bay is offering millions of
illegal files, computergames, movies and software packages without permission
of the rights holders.

Solicitor Ernst-Jan Louwers of the Swedish defendants Lennart Neij, Sunde
Kolmisoppi and Gottfrid Warg, said that the founders are no longer owners or
maintainers of the Pirate Bay. The site is deemed to be the property of the
shady company 'Reservella' on the Seychelles.

However, the judge found that Brein argued successfully that the three still
are maintainers of the site, especially since they could not say who sold it
to, nor could they produce a bill of sale.

------
ErrantX
I found this interesting:

 _The defense had argued that not Fredrik, Gottfrid and Peter were not the
owners of the site, but a Seychelles based company named Reservella. The Court
rejected this defense as the defendants could not name the current owners or
provide any documents proving that the site was sold. It concluded that the
three defendants are responsible for the site._

That strikes me as really the first time any court has properly, legally,
seriously made that distinction and then rules on it. Precedent?

~~~
jacquesm
Quite possibly. I think the are playing games and that either they are still
owners or they have a deal with someone they do not want to name to 'hold' it
for them until the heat is of (as if that would ever happen).

Not very savvy of them, judges are not as stupid as most techies assume they
are.

------
aw3c2
blogspam. [http://torrentfreak.com/the-pirate-bay-ordered-to-delete-
tor...](http://torrentfreak.com/the-pirate-bay-ordered-to-delete-
torrents-091022/) is the actual source

~~~
jacquesm
You are right about the original source, but it isn't 'blogspam'. It's just
where I ran in to it. If I would be the owner of the blog then it would be
blogspam.

Also, unfortunately it's too late for me to edit the link.

