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ExtraTorrent.cc > Articles > European Court of Justice Heard TPB Blocking Case

European Court of Justice Heard TPB Blocking Case

European Court of Justice Heard TPB Blocking Case

Added: Monday, October 31st, 2016
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ISP, Download, BitTorrent, MPAA, RIAA, copyright-infringement, file-sharing, Torrenting
The European Court of Justice has heard a case between the most popular torrent tracker, a Dutch anti-piracy group, and a few local Internet service providers. The court has to decide whether The Pirate Bay should be blocked at the ISP level, even though it is not a direct infringer.

Two years ago, the Court of The Hague delivered a ruling in a case that had previously forced two Dutch ISPs to block the site. The Dutch anti-piracy group BREIN filed the lawsuit. At the time, it faced defeat with the court ruling that the blockade against the torrent tracker restricted the entrepreneurial freedoms of the Internet service provider. This is how The Pirate Bay remained accessible in the Netherlands. However, BREIN escalated the matter to the Supreme Court, which eventually postponed its final decision, referring key questions to the EU Court of Justice.

The hearing took place yesterday, and the European Court of Justice was asked to decide whether the torrent site communicates infringing content to the public or whether it can be blocked for facilitating infringement.

In this case, BREIN points at the decision handed down by the court a couple months ago, where Playboy defeated Dutch blog GeenStijl.nl for deliberately publishing links to content it knew to be infringing, but didn’t host itself. The court ruled that when a person knew that a posted link leads to illegal content, it constitutes a communication to the public.

BREIN thinks that the same can be applied to the TPB case. The anti-piracy group has also gained support from the European Commission, which announced that it stands on the side of BREIN. The Advocate General will issue his advice in 2017.

Thanks to TorrentFreak for providing the source of the article.


Posted by: 
SaM

Date:  Monday, October 31st, 2016



Comments (4) (please add your comment »)

1
posted by (2016-11-01 08:17:08)
No avatarI truly despice this BREIN agency. As an artist I do NOT feel represented by these foul people. They should stop meddling with the freedom of ideas and information on the internet. Smaller artist like me have almost no advantage from any of this. The only entities that really have gain something here are the big ones. We should stimulate initiatives such as the one proposed by Kim dotcom/bustarhymes. Where artists can reach their customers directly. Without the need for these maffialike organizations.

2
posted by (2016-11-02 13:52:47)
b10X avatarif I were drowning in cash I would actually purchase all sort of digital content, from the Bluray versions of Films, TV Shows and documentaries, to various software programs and video games.
Also If I were drowning in cash I wouldn't spend that much time online...
If we all had a few extra dollars to spend, there would be no piracy.
The capitalist system enables piracy.
Minimum wage creates pirates.
The whole idea of making the distribution of copyrighted digital material online illegal is to punish poor people for being poor.
Just because I can't purchase the latest DVD movie, doesn't mean a friend cannot lend me his legally acquired physical copy.
Blocking the access to zeroes and ones that someone already paid for is blatant censorship.
I should be able to make as many copies of my legally purchased content and give it away for free if I want to.
Forbidding people from such practice is an attack to very foundation of freedom.
information, data, electricity should be freely accessible to anyone, anywhere.
Nikola Tesla wanted to illuminate the world wirelessly and in a way that would not cost a single cent for the end receiver...

3
posted by (2016-11-03 00:54:25)
n2kmaster avatarI agree with everything you posted b10x

4
posted by (2016-11-04 05:32:24)
chdr1 avatari also agree with you b10x the other thing i hate is the people making the music and movies flaunt and throw it in ya face about how much $$$ they make and look down on us like the blue collar worker are just something you scrape off ya boot after walking in a dog park
so that's why if i do buy some music or a movie on dvd/ blu ray i copy and encode it as soon as i can and post it......its a pirate life for me ....



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