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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Comment by Kokopelli
by Kokopelli on Fri 31st Jul 2009 17:00 UTC
Kokopelli
Member since:
2005-07-06

So Thom were you lazy or are you being intentionally biased in the way you are reporting this. Those are the two adoptions near as I can see.

http://securityandthe.net/wp-content/uploads/2009/07/Fax20090730150... The judgement in Dutch. The English translation seems to be unavailable now (darn drop.io) but the summons was not to twitter and facebook alone. They used:

- Swedish authorities,
- Swedish bailiff
- email to the defendants' known e-mail address from which at least one of the defendants have replied in the past.
- The domain holder's e-mail address
- A letter to the lawyers from the last court case.
- registered mail to each of the defendants addresses.
- a Twitter post
- a Facebook post


So I would say it is hardly likely that they were unaware of the case. This ruling may, and quite possibly will, get overturned once the defendants have someone show up in court. That does not mean the "let's ignore it and hope it will go away" defense will work in the meantime.

Reply Score: 1

RE: Comment by Kokopelli
by Thom_Holwerda on Fri 31st Jul 2009 17:02 in reply to "Comment by Kokopelli"
Thom_Holwerda Member since:
2005-06-29

The English translation seems to be unavailable now (darn drop.io) but the summons was not to twitter and facebook alone. They used:


You didn't read the article, did you?

*sigh*

Reply Parent Score: 1

RE[2]: Comment by Kokopelli
by Kokopelli on Fri 31st Jul 2009 17:09 in reply to "RE: Comment by Kokopelli"
Kokopelli Member since:
2005-07-06

I did, did you?

They summoned The Pirate Bay via - you in the back, don't laugh - Twitter and Facebook, among other things. This raised a lot of eyebrows before the trial even started; is it legal to summon someone to court via Twitter and Facebook - someone from abroad? Well, the verdict states that apart from Twitter and Facebook, BREIN also sent the summons to the lawyer in the Swedish TPB case and to the TPB owners' private home addresses as known by the Swedish local government (even though they don't live there any more). The judge declared that this was enough.


You seem to have left a good chunk off. biased it is.

Reply Parent Score: 2