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The Pirate Bay appeals Italian block

24 August 2008 13:17 by James "Dela" Delahunty | 11 comments

Swedish BitTorrent tracker site, The Pirate Bay, is appealing against the decision of an Italian judge which ordered all ISPs in the country to block the popular website. The result of the block, which was praised by the FIMI group in the country, may not have been as intended however, as traffic to the site from Italy increased afterwards. Nevertheless, the administrators of The Pirate Bay feel the decision should be reversed.

The Pirate Bay's lawyers, Giovanni Battista Gallus and Francesco Micozzi, have filed an appeal, seeking to do just that. "The decree can be defined as 'original' or 'creative' at best," the layers said. The administrators of The Pirate Bay have been accused of making copyrighted material available for illegal downloading on the Internet.

"Even the judge who issued the decree states that no infringing material is hosted on The Pirate Bay, which provides just a tracker search engine," the lawyers told TorrentFreak. "The judge tries to 'create' a sort of contributory infringement accusation against The Pirate Bay," they stated. The judge found that the tracker and search were absolutely necessary for users to locate the illegal content on single computers, as well as saying the name "The Pirate Bay" itself signals intent to infringe copyright.

The lawyers believe the block should never have been issued at all, and say that The Pirate Bay is distributing absolutely no copyright infringing material at all. "We will bring all our arguments before the Tribunal, and we are confident of the Tribunal�s decision," they said.

Permalink to this article

46 prosecuted for Internet piracy in Italy (5 November 2008)

The Pirate Bay wins appeal over Italian block (26 September 2008)

P2P traffic drops while streaming grows exponentially (7 September 2008)

BitTorrent tracker Araditracker shut down (30 August 2008)

Pirate Bay trial delayed at least a couple of months (29 August 2008)

Pirate sentenced to 15 months (28 August 2008)

More software counterfeiters plead guilty (25 August 2008)

Pirate Bay taunts International Olympic Committee (19 August 2008)

German file-sharers now have less to worry about (15 August 2008)

Judge lowers fines for suspected file sharer (12 August 2008)

The Pirate Bay blocked in Italy (10 August 2008)

'Italian Pirate Bay' shut down by IFPI, Italian police (31 July 2008)

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ZippyDSM (AfterDawn Addict) 24 August 2008 13:46
the judge should also ban goggle and other search engines and then the net since it can be used to find "infringing material". One cannot block one thing with a short sighted view without blocking the other. [ + quote]
rvinkebob (Member) 24 August 2008 16:04
*Originally posted by ZippyDSM:* the judge should also ban goggle and other search engines and then the net since it can be used to find "infringing material". One cannot block one thing with a short sighted view without blocking the other. Agreed. Google has the ":torrent" function. [ + quote]
OneMember (AfterDawn Addict) 24 August 2008 19:14
I am also wondering how come italians can still use web search engines? Just think about that amount of "infringing material" they will offer... [ + quote] This message has been edited since posting. Last time this message was edited on 24 August 2008 19:17
bomber991 (Junior Member) 24 August 2008 19:53
Come on guys, we all know that the pirate bay is used solely to find copyrighted material. I mean, it's like if I have sex with your wife or girlfriend, but since I wore a condom, my penis never actually touched the inside of her vagina. So does that mean I can say "Relax man, we didn't have sex!" after I bang your wife? [ + quote]
DXR88 (Senior Member) 24 August 2008 20:32
Bomber, what weed are you smoking, is it reefer again. its not the same, the internet is a whole if one segment is lost the rest must be as well. but since you like comparing the internet to sex, the net is like a billion cloned virgins if you have sex with one you must have sex with the rest because they all act and think alike. Make them pay pirate bay! [ + quote] This message has been edited since posting. Last time this message was edited on 24 August 2008 20:35
susieqbbb (Inactive) 24 August 2008 21:38
Like i have said be fore i don't care most of the files that the pirate bay searches to notice how i said searches not hosts contain viruses malware and spyware and several companys are using them to track down these pirate partys to arrest them so thanks for the nice search engine but no thanks to the pirate bay. [ + quote]
varnull (Inactive) 25 August 2008 1:48
Funny that the stuff I get from there is always exactly what it says it is ;) Maybe I use my brain and read the comments first?.. oh yeah.. I forgot.. 99% of the internet users don't have one of those do they XD [ + quote]
DXR88 (Senior Member) 25 August 2008 2:40
brain i'm confused, whatever do you mean varnull? [ + quote]
ZippyDSM (AfterDawn Addict) 25 August 2008 5:48
*Originally posted by bomber991:* Come on guys, we all know that the pirate bay is used solely to find copyrighted material. I mean, it's like if I have sex with your wife or girlfriend, but since I wore a condom, my penis never actually touched the inside of her vagina. So does that mean I can say "Relax man, we didn't have sex!" after I bang your wife? The problem is its not solely anything and thats the problem if they want to nail the gray area then block google and half the net as well, there is no in between with shortsightedness. [ + quote] This message has been edited since posting. Last time this message was edited on 25 August 2008 6:50
gallagher (Member) 25 August 2008 8:28
The argument used against The Pirate Bay can be used against all the search engines that direct to The Pirate Bay or all the search engines that link to copyrighted material. These P2P sites are no different than Google and Yahoo. They are just more specialized. [ + quote]
nick99088 (Newbie) 26 August 2008 22:42
*Originally posted by bomber991:* Come on guys, we all know that the pirate bay is used solely to find copyrighted material. I mean, it's like if I have sex with your wife or girlfriend, but since I wore a condom, my penis never actually touched the inside of her vagina. So does that mean I can say "Relax man, we didn't have sex!" after I bang your wife? I green on this idea Tiffany & Co 3 OPEN HEART Necklace [ + quote]