August 10, 2009

Pirate Bay Challenging Dutch Ban

On Monday, the Pirate Bay's lawyer said the owners of the Swedish file sharing website will seek a retrial after a Dutch court temporarily banned its activities in the Netherlands.

"We will file a summons by August 25 before the district court in Amsterdam," lawyer Ernst Louwers, acting for The Pirate Bay founders Fredrik Neij, Gottfrid Svartholm Warg and Peter Sunde, told AFP.

He said that the men wanted a new trial so that way they will be able to present their side of the story.

The court granted an urgent application on July 30, brought by copyright lobby group Stichting Brein for an interdict against the site.  The owner's of Pirate Bay had not been present for the hearing.

A judge ordered them to "cease infringing the copyright of the members" of Stichting Brein, which is a trade association representing the Dutch recording industry.

The interdict was to remain valid for two months, leading Stichting Brein to have to file an application for permanent ruling or else it will lapse.

The judge ordered Neij, Warg and Sunde to make their website inaccessible to users in the Netherlands.  The judge also said that they would have to pay $42,000 per day if they failed to do so.

The Pirate Bay makes it possible to skirt copyright fees and share music, film and computer game files for free.  The site uses bit torrent technology, which lets peer-to-peer links be offered on the site.

None of the copyrighted material is found on The Pirate Bay server, which claims to have over 20 million users worldwide.

On Monday, Stichting Brein said it would not oppose The Pirate Bay's bid for a new trial, but it had "no doubt" that the judgment would be maintained.

Until The Pirate Bay reopens the case, the body agreed to the suspension of a daily $42,000 fine for August.

In April, a Swedish court found Neij, Warg and Sunde guilty of promoting copyright infringement by running the site, and sentenced them to a year in prison.


On the Net: