The Hague
27 September 2017
Reporter: Barney Dixon

BREIN secures temporary Pirate Bay blocking order


Dutch anti-piracy group BREIN has secured a ruling that will force internet service providers (ISPs) Ziggo and XS4ALL to temporarily block access to The Pirate Bay.

The Court of The Hague ruled on 22 September that Ziggo and XS4ALL must block access to the file-sharing site within 10 working days, pending a final decision in BREIN’s case against the ISPs at the Supreme Court of the Netherlands.

In 2014, the ISPs won a challenge at the Court of The Hague, allowing them to unblock The Pirate Bay. The court said that the previous blocking order, acquired by BREIN in 2010, was disproportionate and ineffective.

BREIN appealed to the Supreme Court of the Netherlands, which referred the case to the Court of Justice of the European Union (CJEU).

The CJEU confirmed in June that file-sharing websites, such as The Pirate Bay, do commit an act of communication to the public under Article 3(1) of the Copyright Directive.

Tim Kuik, director of BREIN, explained that the group was pleased that illegal sites, such as The Pirate Bay, were again blocked in the Netherlands.

In a blog post, XS4ALL said that the decision had surprised them and that the lawsuit was very complicated.

The ISP added that it is against blockades, not because it is advocating illegal downloading, but because an internet blockade is a harmful and ineffective measure.

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