Written by Ernesto on July 30, 2009 - Torrentfreak.com
pirate bayIn an Amsterdam court last week, BREIN’s lawyer argued that The Pirate Bay is responsible for millions of copyright infringements every day, and that the site should therefore be blocked to visitors from The Netherlands.
Interestingly, the news came as a total surprise to Fredrik, Gottfrid and Peter who said they received no official summons and were not aware of the case. In a counter move, the three sent a letter to the Amsterdam court, asking it to dismiss the case and impose damages against BREIN instead.
Today, the verdict was made public and The Pirate Bay has lost the case. The judge ruled that The Pirate Bay has to stop all of their activities in The Netherlands within ten days. If they don’t comply all defendants will be ordered to pay 30,000 euros ($42,300) per day in penalties up to a maximum of 3 million euros ($4,231,000) total.
The court argued that BREIN had done enough to inform the three defendants about the court case, although they were never officially summoned. In a letter to the court the defendants had indicated that if they had know, they wouldn’t have the financial means to attend the hearing. Because of this the court issued a default judgment and gave in to BREIN’s demands.
Pirate Bay spokesman Peter Sunde, who is one of the defendants told TorrentFreak that they will appeal the decision, and that they are currently looking for legal representation.
Interestingly, the verdict claims that The Pirate Bay doesn’t have a registered owner, but holds the three accused responsible for it. However, as we’ve reported previously the site is in fact owned by a company called “Reservella” and not any of the defendants named in the case.
In addition to the three founders, GGF, the intended buyers of the Pirate Bay were also ordered to pay 30,000 euros ($42,300) per day in penalties if they continue to operate the site as it is after the deal is closed.
Legal experts informed TorrentFreak that the current ruling can be largely attributed to the lack of defense, and the fact that the defendants failed to show up. With this ruling in hand, it is not unlikely that BREIN will put pressure on Dutch ISPs if the Pirate Bay doesn’t block Dutch visitors within 10 days.
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aug 7 -2009 BREIN Holds Fire On Dutch Pirate Bay Block