Experts

Current topics explained by RUG professionals

Pirate Bay

The Dutch court has once again ruled that internet providers should block the peer-to-peer network The Pirate Bay. Will this signal the end of Stichting Brein’s fight against this website, which illegally spreads films, music, and games?
By Jurgen Tiekstra / Translation by Sarah van Steenderen

Mathieu Paapst

ICT lawyer and director of ICTRecht in Groningen

‘There are a few substantive proceedings still active in the Netherlands, but the court has decided that The Pirate Bay should be blocked in pending the decisions in those cases. That is because they, just like me, read the ruling the European Court of Justice made last year. That ruling can only be interpreted as saying that The Pirate Bay should be blocked, because it concerns copyright infringement.

The debate that has been raging over the past few years concerns the question of who is actually infringing on that copyright. For a long time, The Pirate Bay was considered an intermediate party, because they don’t make the content available themselves. But the European Court has said that they play such an active role in making this copyrighted material available that they should be held responsible.

In reality, habitual offenders know how to get around the blockade, by means of a VPN connection. That’s why earlier, Dutch courts ruled that if a block doesn’t actually work, it shouldn’t be enforced. Because of that, the court of appeal in The Hague reversed an earlier ruling. But the European Court felt this was irrelevant in the case of blocking The Pirate Bay.

They are the highest authority, and are tasked with interpreting European legislation. The European Committee has written a lot of new legislation concerning the information society and copyright. In this system, the European Court has the final say in interpreting this legislation. Dutch courts have to abide by it.’

Gertjan van den Hout

Works at legal firm NORD and teaches intellectual property law

‘Back in 2012, the court in The Hague ruled that providers Ziggo and XS4all had to block The Pirate Bay. But the Court of Justice said the blockade wasn’t effective, and so it was removed. But then the Supreme Court ruled that that wasn’t allowed. Stichting Brein is allowed to use a step-by-step approach: they can first have one website blocked by the courts, and then move on to other websites.

Take the Britt Dekker arrest from a while back. Playboy was going to publish nude photos of Britt Dekker, but they had been leaked to a file server in Australia. It took a special link that couldn’t be found through Google, but the person who’d uploaded the photos to the file server gave the link to GeenStijl. GeenStijl put the link up on their website and told everyone it led to nude photos of Britt Dekker.

The question was whether this was allowed. We know that providing a hyperlink to legal content is allowed, but we’re not sure if doing the same for illegal content is allowed or not. The Court of Justice ruled that a website such as GeenStijl, which has a profit motive, is presumed to have acted wrongfully. The ruling and the ruling about The Pirate Bay are connected. Based on the European Court’s ruling in the Britt Dekker case, their ruling that The Pirate Bay is acting wrongfully was to be expected.’

Thijs Broekhuizen

Associate professor E-Commerce and Innovation Adoption

‘The first time The Pirate Bay was blocked, researcher from Amsterdam studied whether that had any effect. There was much less Dutch traffic on the site early on during the block, but it went back to normal levels fairly quickly. Sweden has also introduced legislation that doles out heavy punishments for illegal actions. That did have a shocking effect in the beginning, but that, too, decreased over time.

People also studied Game of Thrones. In America, the episodes were aired before the ones in Europe were. These new episodes were available illegally here. That mystery actually made the series more successful than in America. They even said: piracy is helping the show. But I think this only works for shows that are really popular.

In the nineties, music was an extremely profitable business, mainly because CDs were ridiculously expensive. That profit has since decreased immensely. But iTunes and Spotify have reversed that trend. The total revenue is back at the same level, but it’s other parties that are making money off it. Music has become much more accessible. My whole life, I only bought three CDs. Now, I have a Spotify subscription. I hardly even notice that I’m paying for it.’

Dutch

De spelregels voor reageren: blijf on topic, geen herhalingen, geen URLs, geen haatspraak en beledigingen. / The rules for commenting: stay on topic, don't repeat yourself, no URLs, no hate speech or insults.

guest

0 Reacties
Most Voted
Newest Oldest
Inline Feedbacks
View all comments