BREIN Ends Pirate Bay-Related ISP and Proxy Lawsuits
Posted by AndyTF: 08 Mar 2014
Faced with a Pirate Bay website that simply refused to die, in 2010 Hollywood-linked anti-piracy group BREIN decided to take a different approach to the problem. If The Pirate Bay wouldn’t disconnect itself from the Internet, BREIN would force ISPs to disconnect their customers from the site instead.
The initial action, against Ziggo, the Netherlands’ largest ISP, soon encompassed another. XS4ALL decided the case was too important to stay out of and joined its rival to fight against BREIN. The case took many twists and turns, with victory first for the ISPs, then for BREIN. Refusing to give in, the ISPs fought back and in January The Court of The Hague delivered a huge blow.
That ruling, which deemed that ISPs did not have to block their subscribers from accessing The Pirate Bay, threw BREIN’s whole strategy into turmoil. With no ruling against Ziggo and XS4ALL, BREIN would be unable to get any kind of victory against KPN, UPC and Tele2, the other ISPs the anti-piracy group had unfinished legal business with.
Things soon started to unravel. Within days UPC said it had lifted its Pirate Bay blockade and KPN and Tele2 quickly followed. Agreement with BREIN had been reached in private, with most other details unavailable.
Now, in a fresh announcement, it’s clear that BREIN will back away from all legal action against ISPs pending the Supreme Court ruling it seeks against Ziggo and XS4ALL.
“BREIN has laid the case against the other providers to rest in anticipation of the outcome at the Supreme Court,” said BREIN lawyer Joris van Manen. “The ISPs have a golden rule that they will only block under judicial coercion. BREIN, however, is reasonable.”
While the ISPs will be breathing a sigh of relief at the prospect of around 18 months respite from legal action, they aren’t the only ones in the clear. BREIN says that it will also end hostilities against Pirate Bay proxies. These services, including Kuiken.co and one operated by the Pirate Party, worked hard to circumvent the now-defunct ISP blockades but were attacked for their actions.
“We’re not Don Quixote,” van Manen told Webwereld. “If there is no blockage of the Pirate Bay any more then a proxy makes little sense, and also any lawsuit against one.”
The fact that BREIN feels it has no legal basis to force proxies into compliance is very interesting. Earlier this week the anti-piracy group said it had killed in excess of 200 such sites in 2013.
Whether any will now return to their former glory remains to be seen but given that their services aren’t just of use to Dutch citizens (proxies are also very useful to Internet users in the UK) some are likely to restart their engines to operate legally from the Netherlands – at least until the Supreme Court ruling, that is.
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