Linked by Thom Holwerda on Fri 31st Jul 2009 15:46 UTC
Legal Yesterday, the Dutch online community was surprised by a verdict from a judge who declared that The Pirate Bay had to make itself unavailable in The Netherlands. This verdict was cast in a case the Dutch RIAA/MPAA-like organisation BREIN had started against The Pirate Bay. With it being a widely known and established fact that downloading copyrighted content off the internet - even if the upload was illegal - is not illegal in The Netherlands, where does this verdict come from? Is it truly a win for the entertainment industry, and a loss for Dutch consumers? Not really - the situation is much, much simpler than that.
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Where is TPB hosted?
by Luis on Fri 31st Jul 2009 18:39 UTC
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I wonder, if TPB is hosted in Sweden (I don't really know, but lets assume it is), what does it mean that it must be unaccessible in the Netherlands, that they should close it there?

Are Dutch ISPs the ones responsible for "shutting" it down, for blocking the access, and the ones who will pay that fee if not?

I'll put an example. Let's say that guns are illegal in The Netherlands. And let's suppose (it is not true, AFAIK) that they are legal in Sweden. So a Dutch citizen travels to Sweden and buys a gun in a shop. Can a Dutch court rule against this shop and ask it to close for Dutch citizens?

IOW, Dutch citizens are "traveling" (virtually) to Sweden to get their torrents. What The Netherlands can do it establish a control in the "frontier" to make sure they don't return with these illegal(?) torrents. And that control must be carried out by the authorities with the help of the ISPs. TPB can't be hold responsible for anything. If Dutch customers go there, there's no reason why they should block them.

When Turkey blocks Youtube, the Turkish courts don't rule that Youtube must block access to Turkish citizens or pay a few millions of $$ fee. That would be stupid. Same when China blocks many sites. It is their own responsibility, not the one from the site owners who are in another country.

Maybe the judge from this case doesn't even know what the internet is and believes that TPB is actually in The Netherlands?

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