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The Pirate Bay Ordered To Close In The Netherlands

The Dutch anti-piracy outfit BREIN has won its court case against The Pirate Bay. The Amsterdam court today ruled that the site must cease all operations in The Netherlands within 10 days, or else pay penalties of 30,000 euros ($42,300) a person, per day.
pirate bayIn an Amsterdam court last week, BREIN’s lawyer argued that The Pirate Bay is responsible for millions of copyright infringements every day, and that the site should therefore be blocked to visitors from The Netherlands.
Interestingly, the news came as a total surprise to Fredrik, Gottfrid and Peter who said they received no official summons and were not aware of the case. In a counter move, the three sent a letter to the Amsterdam court, asking it to dismiss the case and impose damages against BREIN instead.
Today, the verdict was made public and The Pirate Bay has lost the case. The judge ruled that The Pirate Bay has to stop all of their activities in The Netherlands within ten days. If they don’t comply all defendants will be ordered to pay 30,000 euros ($42,300) per day in penalties up to a maximum of 3 million euros ($4,231,000) total.
The court argued that BREIN had done enough to inform the three defendants about the court case, although they were never officially summoned. In a letter to the court the defendants had indicated that if they had know, they wouldn’t have the financial means to attend the hearing. Because of this the court issued a default judgment and gave in to BREIN’s demands.
Pirate Bay spokesman Peter Sunde, who is one of the defendants told TorrentFreak that they will appeal the decision, and that they are currently looking for legal representation.
Interestingly, the verdict claims that The Pirate Bay doesn’t have a registered owner, but holds the three accused responsible for it. However, as we’ve reported previously the site is in fact owned by a company called “Reservella” and not any of the defendants named in the case.
In addition to the three founders, GGF, the intended buyers of the Pirate Bay were also ordered to pay 30,000 euros ($42,300) per day in penalties if they continue to operate the site as it is after the deal is closed.
Legal experts informed TorrentFreak that the current ruling can be largely attributed to the lack of defense, and the fact that the defendants failed to show up. With this ruling in hand, it is not unlikely that BREIN will put pressure on Dutch ISPs if the Pirate Bay doesn’t block Dutch visitors within 10 days.
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  • Wesley Moderator 2 years ago
    What will this mean for Mininova? Mininova is runned from the Netherlands.
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  • They are walking the plank Moderator 2 years ago
    Like I said
    But they can always go and live in Ladonia
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  • This is just stupid, especially if the last paragraph is true.
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  • Anonymous Moderator 2 years ago
    yup they can afford to pay that now, SELLOUTS
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  • Johnooooo Moderator 2 years ago
    omfg how can the law take these 3 people as owners when they dont own it.
    do judges read any information regarding case files before passing uneducated and bias verdicts in favour of the big money corperations ???
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  • Mininova Moderator 2 years ago
    Mininova should NOW go and remove all illegal stuff from their site and leave anything that has been upped through
    But then again, it's hard to get separated from a pile of money
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  • Frozendevl Moderator 2 years ago
    I really think that European countries have been going overboard with all these fines and court cases against technological companies (Microsoft, Google, Pirate Bay, etc) I am interested as to how this will conclude though.
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  • Jeroen Moderator 2 years ago
    Mininova won't be online much longer, BREIN are real bitches that will hunt them down. I think what will remain are the large torrent sites based in east europe...
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  • Reservella Moderator 2 years ago
    Domain ID:D104576138-LROR
    Created On:28-Jun-2004 16:08:27 UTC
    Last Updated On:18-Jun-2009 07:12:07 UTC
    Expiration Date:28-Jun-2015 16:08:27 UTC
    Sponsoring Registrar:Key-Systems GmbH (R51-LROR)
    Registrant ID:P-7524559
    Registrant Name:Fredrik Neij
    Registrant Organization:Reservella
    Registrant Street1:Box 161
    Registrant Street2:
    Registrant Street3:
    Registrant City:Stockholm
    Registrant State/Province:
    Registrant Postal Code:11479
    Registrant Country:SE
    Registrant Phone:+46.707323819
    Registrant Phone Ext.:
    Registrant FAX:
    Registrant FAX Ext.:
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  • Anonymous Moderator 2 years ago
    huh, just pay the 3 million euros
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  • Mr.Afghanistan Moderator 2 years ago
    Here We Go.
    TPB F**ked up :))))))))))
    F**K with us and you will get F**ked up also ;)
    Don't sell our support and don't try to make $ from pirate supports.
    I hope anti piracy companies fine TPB more then 8 Million $. so they don't make a penny.
    F**K You TPB Thief and Money Makers!!!
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  • Anonymous Moderator 2 years ago
    Why close that crappy corporate site, its already DEAD anyway
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  • Fenix Kane Moderator 2 years ago
    How stupid is the Dutch legal system. How can you pass a verdict without KNOWING that the defendants know. A signed document is as much proof as it was 2000 years ago, completely useless.
    Also, the fact that they can be going to court about this with people who don't own the site is stupid. Courts should be held to a standard and verify information themselves instead of taking the prosecutions word for it.
    I had another point to make but I can't remember now. So frustrating.
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  • Sylph-DS Moderator 2 years ago
    Could somebody clarify whether the tracker will also be blocked? I've looked at several articles about this and I haven't found one that actually mentions anything about the tracker? Is it considered part of the website or would it still be accessible?
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  • Dutchman Moderator 2 years ago
    As long as the tracker is reached it does not matter
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  • The tracker is going to be blocked as well! I just read the official and full verdict. Please edit this post!
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  • @ 16,
    Official verdict can be found here!
    It's in Dutch btw.
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  • You have forgot some things. 1. None (0) of TPB servers are located in Netherlands.
    2. TPB admins don't live in Netherlands.
    3. Conclusion Amsterdam court decission have none legal effect to TPB. Because 1. and 2.
    Example if USA court decide you have to pay 10 millions because RIAA,MPAA sued you and you don't live in USA and your servers are not in USA. Then it really does not matter to your life.
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  • Isn't that 42,762?
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  • I friggin knew it Moderator 2 years ago
    @ #18
    yeah the case holds no grounds.
    I would myself like to sue the columbian druglords because they look crappy on tv-shows. I'd like 7 million dollars now, ty. Atleast I'm going for the real criminals xD
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  • Tim is right but they still took their Rottweilers to the Swedish court to harass the TPB, didn't they? Does law matter here? I think not. It's about how many muskets the bad guys have.
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  • Example 2. if Netherlands court decide you have to pay 1 million because BREIN sued you and you don’t live in Netherlands and your servers are not in Netherlands. Then it really does not matter to your life.
    Legally you can only be sued that country where you live to get verdict what really matters.
    If BREIN would sue me to court in Netherlands. I would not come. If court would decide Netherlands I have to pay 1 million or close my site. I don't live in NL nor my servers are in NL. I would not close site. Because court decission in other country than I live don't matter and have no legal effects to me or my site. Its so simply.
    I would only laugh such a stupidy from BREIN and Dutch court. They think they can sue peoples from other countries and that have some effects LOL. That legal decission only apply in NL not any other countries. Even peoples from NL does use my site. I would not block them. What BREIN can do? Nothing :D. Sue in NL court and verdict there only apply in NL :D
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  • stalker Moderator 2 years ago
    Stop calling them sellouts. You have NO IDEA what they are going to do with the money. They might as well create a new site with all the old torrents and add loads of new futures.
    YOU DO NOT KNOW ANYTHING, so stop being ass*holes. Running TPB is hard work.
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  • OMFG... are BREIN and the court so retarded that they haven't heard of BitTorrent clients with proxy connection capabilities.
    Their stupidity and the pointlessness of this case is stunning.
    Take TPB down, block them, call them names, threaten exhorbitant fines, fucking go for it you outdated, technophobic morons...
    Intellectual property duplication (not "theft" as they call it), isn't going to disappear - even if every tracker vanished a new technology would emerge to take it's place and the masses would flock to it.
    The case against TPB is just a waste of taxpayers money and a waste of court time that could be spent dealing with REAL criminals (you know.. like the corrupt pricks that work in government!).
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  • Anonymous Moderator 2 years ago
    Lol, Opentracker ftw, just get me a rar with the torrents.
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  • blah blah Moderator 2 years ago
    @23 Yeah coz its really hard to run a site where your users do all the work, they upload the torrents they seed the files tpb collect revenue from adds. Yeah seems like a really hard job...
    But after everything else that has gone on with this site who cares, except for a few tpb fan boys that dont know anything about downloading anyway..btw there are 100's or places to get Direct Downloads for FREE with no ads no spam no shite at all give up on public torrents if your smart you will find out how to get these downloads
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  • it's more about the principles. Do you really think it is normal that a private company ... known for being not always very correct ... can block information on the internet for an entire country? Know it's the piratebay tomorow it is google ... of course it will not stop piracy. Killing kazaa, napster etc didn't work it was a inspirational source ... as will be the piratebay!
    I think it is very important that people start to become more open and talk about downloading and sharing information. Everything on the entire piratebay process feels wrong. These are things you see in the united states of whatever but not in europe, it feels like we are some american media and money makers dolls to play with.
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  • Anonymous Moderator 2 years ago
    @25 You really know nothing about how easy/hard it is to host a site like this, so you should shut it up.
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  • Brian P Moderator 2 years ago
    What a bizarre case and verdict. By any logical standpoint you'd think BREIN would've been thrown out of court after presenting this mess of a claim.
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  • xenios Moderator 2 years ago
    I believe some BREIN staff is commenting here. All the harsh 'TBP sellout' posts are from them.
    TPB didn't sell out and I think torrentfreak should take their side more clearly.
    Most people downloading using BitTorrent wouldn't have had the balls to run such a site in the first place and would have jumped overboard at the first sign of trouble.
    TPB staff had already enough trouble. All negative posters here are BREIN. It would fit, since it seems like a broad campain at the moment to kill BitTorrent related services.
    Stick with TPB you disloyal douche-fags.
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  • all this means is that the 3 tpb guys cant go to the netherlands, they dont have to pay any money since they live in sweden not the netherlands
    i'm not sure if not being able to go to the netherlands is a bad thing
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  • Jasper [i'm a pirate .....AARG Moderator 2 years ago
    yeah cliff your right we are not in the usa but in europe !
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  • Anonymous Moderator 2 years ago
    @ 22
    So you dont pay your fine then you are a criminal. So they will ask the swedish gouverment to extradite you. And you will go to jail.
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  • Happy Monday Moderator 2 years ago
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  • This is amazing how good is the entertainment parasites at fucking up the law in all the places they infest.They are like virus!
    They are fool!
    Once justice systems arround the world have lost their credibility it will be open season on anything "entertainement industry."
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  • Ralonto Moderator 2 years ago
    BREIN etc. can get cancer.
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  • Rabbit80 Moderator 2 years ago
    I assume the dutch are allowed to send a summons via twitter now then?
    Since TPB does not technically operate in the Netherlands, nor is it in Dutch, the only people responsible are the users themselves!
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  • @ 32
    Nope because legal system don't work that way. DUTCH court decissions hold only in NL not any other countries. Means in Sweden Dutch court legal decissions are worthless. I can be sued in NL pay 10 millions or jail time but that decission does not apply in Sweden.
    That means BREIN can not do nothing to peoples which dont live in NL. Again decissions in Dutch court are legally worthless in any other countries.
    To get real legal decission you have to sue person in country where he lives or he walks away and you can't do nothing about it.
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  • El Flamo Moderator 2 years ago
  • I've just read the verdict. The court does not believe the tpb guys when they send the letter that they didn't get the information about the case, so the court says you knew, and had time to either come to court, or hire a lawyer to come to court for you.
    Related to this view, the court also doesn't have any use for any of the information in that letter, because it's not the right way to appeal in advance, so for all I can see, they fucked up with this letter.
    the verdict does include all the (the)piratebay.* domains, and all associated domains and trackers and databases.
    they're further ordered to pay the BREIN lawyer and the courts costs.
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  • Stupid Moderator 2 years ago
    Of course they knew because they said they DID NOT know when asked by a reporter. But the problem was that his article was published way before the trial took place. How stupid can you be?
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  • Adam
    They don't pay. BREIN can not do anything about it. Like I said many times when you don't live in country where you are sued court. Legally court decissions are worthless if you don't live in same country.
    If I would be sued in NL. I never would come. I never would pay anything and guess what BREIN could not do anything to me or my site. I simply would walk away free and BREIN could do nothing about it.
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  • Donmen Moderator 2 years ago
    The point is it holds legal grounds to go after the providers.....
    Tip toe tip toe tip toe
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    all you guys (except the good guys(file-sharers)
    are stupid brein is just a slave of those big high rank people from the entertainment industry that people want to make money with sitting on their ass the whole day and do nothing but if every thing turns from bad 2 good they can't make money any more with doing nothing!!
    it's faire
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  • Get some Moderator 2 years ago
    TPB have been running 6 years now!! Totally free for everybody, and you guys complain. :(
    The guys running it have some of the biggest b.... in the world. Thanks TPB for fighting for freedom. TPB is the most importent piece of art in this century.
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  • Trelew Moderator 2 years ago
    Yet another show trial victory for the corporate bad guys
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  • @ 22
    Ya right you Brein Agent!
    You are a fool!
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  • I live in Poland and a few years ago me and my stuff received letter from BREIN to come court in NL. Similiar to TPB case. They asked us block all NL visitors from our site. We did not go court. We did not appeal. Case went NL court and decission was all NL visitors must be blocked in 14 days, or else pay penalties of 5,000 euros a person, per day. Also further ordered to pay the BREIN lawyer and the courts costs.
    We never paid and never went court and never appeal decission. We never block NL visitors in our site. We still operating so all those court things in other countries are totally BULLSHIT.
    Maybe BREIN try scare peoples but nothing effect with those court decissions in other country don't have in real life. Been there done that.
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  • Maarten Moderator 2 years ago
    There is an English translation of the verdict at
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  • A reporter informing them is not an official communication from the court or justice system.
    They do not have EVIDENCE of RECEIPT of anything relating to anyone's INTENT TO SUE.
    They were therefore not notified by the court.
    So... the court is saying they were notified even though there is no evidence to that effect... Even Disney couldn't be that imaginative and fantastical.
    So... BRIEN's statements were taken as fact, with little to no cross-examination of the defense...
    A legal system like that is a worthless legal system and can only lead to injustice.
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  • "they’re further ordered to pay the BREIN lawyer and the courts costs."
    if a court want to stay credible it should NOT accept BRIBES from corporate parasites should not act as a parasite itself and also should stop making order it can not enforce.
    Fuck this court and fuck the seven corporation of parasites and their lawers!
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  • Yuusharo Moderator 2 years ago
    Interesting, GGF was named and ordered to pay penalties for losing the case, which makes no sense since GGF does NOT own TBP yet, and has absolutely no control over the site's activities before the sale.
    This is a complete and utter disgrace to anything resembling justice, nothing short of a mafia-type shakedown for cash.
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  • I am not proud to be Dutch any more :(
    Censoring the Internet is the beginning of the end. It starts with child pornography and 'illegal' downloading... but where will it stop?
    My children shall enjoy a useless internet that is run by the government, Coca-Cola and Mac Donalds :(
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  • @Kojak
    What site did you operate?
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  • Standars in holland Moderator 2 years ago
    When you dont turn up to court in holland the decision always go against you. Is it not like a default judgement or something. I think that was breins intention, then maybe they can ask for this to be a precedent for all/other torrent sites that they claim infringe copyright. Could be a can of worms about to be opened and brein think they have TPB over a barrel because they knew TPB would not respond.
    Question is now, was it a good idea what brein done?
    Could it be so that more torrent sites will be blocked by the decision and then rendered useless by proxies and vpn's and therefore forcing the media industries to radically rethink their method of selling/distribution. Cause that what all the talk in NL is all about at the moment.
    Could be good or might be bad, we have to wait and see.
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  • brizzl Moderator 2 years ago
    They come after you, they want to eat your BREINs, this is the THRILLER. Maybe they killed Michael Jackson too? With a special kind of BREIN drug?
    I am scared. In a world, where you can be sentenced by a court from a foreign country, just because the inhabitants visit your website from there, in such a world, anything is possible. Even BREIN eating ZOMBIES.
    I am really scared.
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  • "The court demands that the 3 persons listed will cease their actions of infringing copyright"
    Does this court even understand technology?
    Acting as a tracker does not infringe copyright, it's the users who do that.
    No copyrighted content or anything resembling the aesthetics of copyrighted content have been stored on... or transmitted through... the pirate bay's servers.
    Yet this court is too f**king stupid to understand something that simple.
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  • jemoer Moderator 2 years ago
    The quality of the lowest level judges in the Netherlands is reeeaaaalllly poor
    Their verdicts never make sense sometimes they don't even read the files of the cases on witch they have to judge there have been many alarming articles about this in Dutch papers and I also know from personal experience
    If they appeal they get better judges probably
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  • @ West Moderator 2 years ago
    That sounds familiar
    Without child pornography and 'illegal' downloading no useful internet hey?
    Glad you admit that the REAL problem is your fear for Uncle Sam visiting your country.
    Is it that difficult for you NOT to drink Coca Cola or not to visit McDonalds? That's sad.
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  • Pirate Bay knew this was coming and wanted to sell it before they had to shut it down.
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  • Anonymous Moderator 2 years ago
    I'd think Anon will have a response to this. Glad I don't work for BREIN...
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  • funny how you want to live by the rules only when they'll be in your favor. I think the judge was simply acting very Web 2.0.
    Anyway, Brokep wants to visit Holland so he can whine in round 2. But you know the fun part? They'll have to close the shop for the Dutch in the meantime...
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  • sniper Moderator 2 years ago
    if anyone can provide me a sniper i'll headshot kuik for you
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  • The Dutch will use proxies or other trackers, taking down TPB was a failure from the start... it will NOT stop piracy and it will not deter 99% of pirates.
    As for "Web 2.0", I don't see how that paradigm, relating to end-user-focus and ergonomic design patterns has any relation to a judge (or indeed a whole courtroom) that misunderstand technology... if anything I'd say the judge acted against the principals of "Web 2.0" by choosing corporation over consumer.
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  • @ Anonymous Moderator 2 years ago
    What can Anon do more than hurt data and networks (of ISPs)? Brein can always make a copy.
    Of course they can walk around wearing masks and distribute flyers and make nice Youtube movies, now that will make a big impression.
    Anon is like the South Park kids playing WoW. Great Episode.
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  • Do you think arresting Escobar stopped the drug trade?
    What if it's not about ALL piracy or ALL pirates. What if it's about liars and nazi's. British Virgin Islands. Ad revenue. Stealing stuff. Spam. Malware distribution.
    Sometimes it's a very simple equation.
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  • Moonrend Moderator 2 years ago
    Soo.. with that anyone who lives in dutch can call Brein to court via something like text message and when they don't show up they can ask for 1 million for damages ?
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  • Bullshit Moderator 2 years ago
    hey m3
    i think the judge simply made a choice between 2 corporations.
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  • @22
    What you said is true about they cannot sue you if you are from antoher country.
    However BREIN's Goal is to shut down TPB in the Netherlands, if TPB does not shut down itself. BREIN will put preassure on the ISP's to shut it down in the Netherlands.
    If TPB pays, it's just pure profit...
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