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The Pirate Bay co-founders Fredrik Neij, Gottfrid Svartholm Warg and Peter Sunde Kolmisoppi have been ordered to block traffic to and from the Netherlands or face $42,000 a day in fines. It is unclear how the Netherlands court will enforce the order on the Swedish nationals.  (Source: Bob Strong/Reuters)
Argghh Netherlands no longer be clear sailing...

The Pirate Bay was the world's largest torrents provider and thus one of the international leaders of the p2p file sharing and piracy movements.  Just as they seemed to be getting some traction, the Swedish government slapped them with conspiracy charges, of which they were later found guilty of. The admins -- Fredrik Neij, Gottfrid Svartholm Warg, Peter Sunde, and Carl Lundstroem -- were sentenced to a year of jail and $3.6M USD in fines. 

Faced with the bankruptcy of the site, the admins sold it to a media company (Global Gaming Factory) that looked to turn it legit, paying copyright holders for their work.

However, smelling blood, the copyright holders are moving to push the site to the brink, even as its own users forsake it for giving up its pirate roots.  A Dutch court has ordered three of the Swedish admins to block all traffic to and from the Netherlands or face major financial penalties.

The courts ruled the shutdown was necessary in order to prevent further infringement.  The courts said it didn't matter whether one or all of them blocked the traffic, but warned that failing to do so within 10 days would result in a fine of 30,000 Euros, or $42,000 per day.  What is unclear is whether the court will be able to enforce the fines as the admins reside in a different country.

Despite the fact that The Pirate Bay is reportedly in talks to negotiated paid content deals with Hollywood studios and the major music labels, it is those same entities that helped push for its removal from the Netherlands. 
BMG, EMI, Sony BMG, Universal, Columbia Pictures, 20th Century Fox, Universal, and Warner Bros and the copyright protection organization that represent them -- the IFPI, RIAA, and MPAA -- have banded together to try to squash the pirates. 

The Swedish guilty verdict, currently under appeal, was one major victory; now the order to cease the site's Netherlands traffic is another.
  The groups also filed a suit last week seeking a Swedish court injunction to shut down the site after the guilty verdict.  The site currently continues to operate.



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Time to face the music
By Beenthere on 7/31/2009 11:38:42 AM , Rating: -1
Pun intended.

TPB boys are going to prison and paying a hefty fine for their blatant and illegal distribution of copyright protected materials, which is a good thing. More pirates to follow.




RE: Time to face the music
By TSS on 7/31/2009 12:41:24 PM , Rating: 1
actually, no.

i've been reading some in depth pieces on another dutch tech site that also handle the legal side of the whole verdict.

basically, BREIN (dutch RIAA) won the case because it wasn't treated in depth, it was simply to hear each party's arguements. since TPB didn't show up, no arguements where given on their side, and BREIN's arguements wheren't completly ridiculous, the judge ruled in BREIN's favor and gave the sentance you see above.

it's possible to object to the verdict, but by some cleverness by the judge the verdict is to be carried out wether objection is noted or not. but if they do object the judge has to revisit the case, in depth, and look at both parties arguements (if they show up).

now, as the case wasn't handled in detail it carries no legal value for any other cases. including the mininova case, which BREIN itself says is merely a search machine for torrents (their asking a 7000 word filter in the case).

besides that the verdict itself is shaky as well. there's some debate wether or not they've actually been served a supoena, and if the right party's actually been served. since TPB is in the process of beeing taken over, the new company will have to adhere to the verdict if they buy them. however since they have the intention to make TPB a legal platform, the verdict would be void.

all in all this case is nothing more then invading an empty beach and claiming victory. TPB is still searching for a free lawyer though, as they claim to not have any money. but i suspect it to get alot more interesting once they actually start to do something about this case.


RE: Time to face the music
By Beenthere on 7/31/09, Rating: -1
"And boy have we patented it!" -- Steve Jobs, Macworld 2007














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