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Dutch P2P site shut down by BREIN

Written by James Delahunty (Google+) @ 21 Mar 2007 10:52 User comments (4)

Dutch P2P site shut down by BREIN Dutch anti-piracy foundation BREIN has taken down another P2P site: This Dutch language BitTorrent site offered torrent links to popular films, music, games and software to 8,300 registered users. BREIN executes structural civil law enforcement against illegal P2P sites and over the past 15 months 131 sites that facilitated around 1.6 million users were taken down.
BRIEN had previously contacted and threatened the site owner, but was ignored. BREIN then demanded the site's hosting provider, Leaseweb, take down, a move which led to the operator taking it down himself. This operator was also owner of the site, which was also put on notice by BREIN. "Although this action concerns smaller sites we did consider requesting a name disclosure because the operator continued his activities after our notice." Tim Kuik, managing director of BREIN, said.

BREIN demands that site operators to give themselves up and sign an undertaking to cease and desist from their "illegal" activities under forfeiture of a penalty. If the operators cannot be reached or fail to respond, BREIN requires the service provider to take the site down and disclose the name and address of the owner or operator. BREIN holds the owners and operators of P2P sites liable for the infringements that take place through their services.

Press Release

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4 user comments

121.3.2007 12:02

This is kinda old hat. Brein also had a part to play in Edonkey's departure, but the average joe in holland cannot be prosecuted for downloading, aha I hear you say, nonsense? Maybe not, theres no law against downloading to your Personel computer, but uploading is a no no. So brein go after the source if the server is in holland. And of course there was a judge in Utrecht that stated, information gained by unauthorised methods will not be permitted in court. So all brein can do is take down the servers, not the users. And I'm almost sure that if they suspect you of illegal activities then they must contact your ISP with proof of your IP adress being logged and then its up to the ISP, and very few ISP's in holland are willing to co-operate with breinless

221.3.2007 12:23

Just logging an IP adress does not merit enough proof for prosecution in a dutch court, they need to be able to prove it was your pc that was used.
Ans since almost all dutch ISP's work with dynamic IP's, that's virtually impossible.
God, am i glad i moved to this little country a few years back :-D

322.3.2007 6:17

double post sorry

This message has been edited since its posting. Latest edit was made on 22 Mar 2007 @ 6:20

422.3.2007 6:20

No matey almost all IP's in holland are static. All KPN network are static and all of the Delta networks in Zeeland are static, maybe other cable providers up north are different but I doubt it. And yes if your IP is logged in a public torrent site then they can say your IP was part of a swarm distributing copyrighted content, i.e. if you are downloading some linux software from say TPB then of course other people in the same swarm can log your IP. This is proof that you are indeed distributing. What exactly you are distributing could possibily be another story by the way the torrent is packaged and or named. This could result in an email from your ISP to ask whats happenin. But ISP's in holland dont have to surrender your details if your a home user, only a home abuser will suffer that fate, or those running webs that provide torrents

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