BREIN, Bescherming Rechten Entertainment Industrie Nederland, or translated into the best possible English, Protection [of the] Rights [of the] Entertainment Industry [of the] Netherlands, has been a major force of anti-piracy in the last decade. They have been embroiled in the decimation of torrent site, peer to peer networks, and the applications that are used for p2p, and in many if not most cases, they have been victorious. Only as of late though, have questions regarding the morals and ethics of this organization, have arisen. Let's take a closer look at the outfit of anti peer to peer, known as BREIN.
BREIN began as a joint anti-piracy program, built up of authors, artists, music producers, film and interactive software developers, and other branches of the entertainment industry. As a whole, they decided to bundle forces, to combat Intellectual Property Theft, a major crime, in which the entertainment industries have claimed are causing a major loss in profits, which they call "piracy".
In the Netherlands, BREIN acts as a central and direct contact for all government, law enforcement, trade, and media officials, regarding any and all issues relating to unauthorized usage, copy, and distribution of "copyrighted" materials from the entertainment industry, both on, and offline. The Dutch outfit is also directly leading the court battles that further ensues from most investigations on these matters.
So where does BREIN receive the funding for their war on intellectual property rights violations? Well, that's from many sources, some that they do not acknowledge. It is factual that Microsoft, Apple, Dreamworks, Pixar, Warner Brothers, Columbia Records, Sun MicroSytems, have all "donated" very large sums of money, some presuming over a hundred million dollars, or more, to this organization. This further leads to more questions, such as why do companies residing in the United States, donate to a Dutch outfit of anti-piracy?
Well although it may seem unethical, the majority of peer to peer networking protocols, software, and websites, hold their homes in the Netherlands, or in Western European nations. This is far outside the reach of the legal system within the United States, so the "Western" media and entertainment industry, have basically "hired" BREIN as their assassins, spreading their anti p2p propaganda, and relieving themselves from taking criticism for the lies and choices BREIN makes in handling certain investigations.
BREIN first made international headlines as a force to be reckoned with, after successfully shutting down the eDonkey 2000 indexer, ShareConnector.com, in the latter months of 2004. Although at that time there was widespread controversy over the legality of the "links" provided on ShareConnector, the online company did not have the finances to fight a majorly powerful and industry backed organization, such as BREIN.
The success of BREIN from there, made them a powerhouse of sorts, and feared by many websites and developers. Since it's original victories, BREIN together with the IFPI, BPI, MPAA, CRIA, RIAA, FBI, Dutch police, and other organizations, have shut down a record 19 BitTorrent trackers, and that list continues to grow. They are embroiled in many of the world's major BitTorrent civil and criminal cases right now, and that number may continue to grow.
An outfit such as this, of course could not withstand every battle. There are some who have been willing to fight back, even though they may know that the decision in BREIN's favor is inevitable. As we all know only too well, The Pirate Bay has led the fight against BREIN for some time, regardless of how you may feel about The Pirate Bay. The stance against BREIN however has been a long, tough, dirty, and controversial road, that seems to never run out of asphalt.
BREIN itself however is not immune from liability, or misconduct. On June 1st of this current 2009, BREIN's website faced DDoS attacks, that heavily corrupted all communications to and from it's networks. This happened only after BREIN, was proven to have in many circumstances, including the infamous Pirate Bay Trial, submitted falsified evidence, and the courts did not decide to intervene. The controversy would not end there, as in later months, the swirling rumors would later uncover more lies, spread by the anti piracy "agents of propaganda", known as BREIN.
This year BREIN has won cases in the Battle Of Canada, the Mininova trial too, stating that Mininova must implement a "content copyright filter", in which they had no choice to oblige. After meeting the wishes of BREIN, they were still told that they were not doing enough, and BREIN continued to spread propaganda that Mininova, had in fact knowingly allowed copyrighted materials onto their site, and the admins of the site should be held responsible. So once an original "deal" on the copyright filters was made, BREIN later used that to it's advantage, and still attacked the website, an outright dirty trick, that deems them deserving of zero respect.
This would not be the only deciding factor in the claims that BREIN is an unfair, and illegal outfit operating above the law. In the case of The Pirate Bay, there is now accusations of Forgery, an offense considered a felony in some nations, punishable by a prison sentence, has been committed by BREIN.
Although the "founders" of The Pirate Bay have been convicted, and are appealing, an investigation by the Swedish government agency known as Kronofogden, BEFORE the trial was over, which was ordered by the MPAA and IFPI (key advocates and members of BREIN), had stated that the company known as Reservella, owned The Pirate Bay, and that the "founders" in fact no longer had any ties to the website. Even though this evidence was proven, it did not win the court battle in favor of TPB, as a "complicated" credit report of Fredrik Neij, Pirate Bay founder, was lead to believe that he was the CEO and Director of Reservella.
Peter Sunde, another alias and founder of The Pirate Bay, has stated that Experian, the company whom "allegedly" made the credit report, denies any knowledge that the report was ever issued from their company. He has also stated, that there are substantial errors in the report, making it "obvious that BREIN has attempted forgery" and that he "finds it a bit insulting". “The information I got from them was simply that they couldn’t find a copy of the credit report themselves,” he says. “After a lot of going back and forth they started an investigation into the authenticity of the credit report. They have not given me final report on it, but they have been very clear in stating that they have not confirmed the report.”
Sunde, has said he now plans to file criminal charges of forgery, with the Dutch police, against both the head of BREIN, Tim Kuik, and BREIN itself. BREIN has responded, stating that it did not make the false reports, but as early as this morning, Mr. Sunde has came out stating that he has more proof that BREIN did in fact forge the data. Some of the evidence into the "alleged" forgery, is that the PDF file in which is used for the "credit report", was created on July 30th, and later modified on August 28th, both of 2009. A few days later, BREIN faxed the documents to their Dutch attorneys, and if in Experian would have conducted the report, they would have had the same documents, with the same modification dates and original release dates, but they do not.
The Dutch Pirate Party, has already acted on TPB's behalf, filing both criminal felony charges against the organization BREIN, and it's leadership. It seems that daily, a team of anti piracy which is "respected" by the courtrooms, itself seems to have its own ties to "illegal" activity, and motivated solely by its clients, who have paid them to act on their behalf. Once again we see a controversy amongst controversy, in which the fate of peer to peer, and the people whom use the internet, are the only ones who are punished as result. I only report on the facts, but I will allow you to decide, in this case of misconduct, controversy, and a seemingly never ending war against our freedoms.
October 13th, 2009Posted by: Date:
Monday, October 12th, 2009
|Definitely a good read OBS. TY much. Very important topic too considering recent events with 1337x.|
|Another problem is getting a defense team that actually knows about computers and software to defend you, it's hard in court to explain alot of this to most ppl as they just dont understand and it's easier to just pick out the strong words like ''pirate'' and hand out the verdict. More good stuff from Obscene..thanx again!|