James Delahunty
15 Nov 2007 15:58
ShareConnector.com has closed its doors again following threats from Dutch anti-piracy foundation BREIN made directly to the administrator, Adi. The site offered ed2k links, which aided in finding files (or parts of files) on the eDonkey2000 network with software such as eMule. The site was first taken offline in December 2004 by law enforcement and Adi was arrested.
It was brought back online in December 2006. In August 2007 the criminal court ruled that linking can amount to complicity to criminal copyright infringement, but nevertheless acquitted Adi stating the prosecution had not provided sufficient evidence to reach a conviction. The prosecution appealed but it is not clear when this appeal will be heard.
A statistical sample taken by BREIN showed that 95% of the links offered on ShareConnector provided access to illegal content. BREIN claimed an injunction against Adi under forfeiture of a penalty sum of €5,000 per day as well as damages for past activities. When Adi did not respond to the claim, BREIN visited his home. Now ShareConnector.com reads..
"Last Monday the guys from BREIN visited me at home to convince me to close ShareConnector or else they will start a civil proceeding with a claim. Of course, this does not mean I agree with their point of view, it's just that I can't afford taking any risks. As of today, November 12, 2007 I decided to close down. If there is anything new to report, you will be informed. Thank you for all your support and understanding."However, it is unclear whether BREIN is finished with Adi just yet. "We still have an interest in getting an injunction. The site owner is not acknowledging that his activities were unlawful and is only stopping to avoid financial exposure. There is still too large a risk that he will come back for a third time," Tim Kuik, director of BREIN, said.