ISPs No Longer Have to Block The Pirate Bay, Dutch Court Rules

[silicon_toad2000]

http://torrentfreak.com/isps-no-longer-have-to-block-the-pirate-bay-dutch-court-rules-140128/

Initially the court decided that blocking all subscribers went too far but BREIN wasn’t satisfied and took the case to a full trial, which they won. Both Ziggo and XS4ALL filed subsequent appeals, arguing that the blockade was ineffective and denied subscribers’ free access to information.

Today the Court of The Hague released its verdict which sides with the Internet providers.

In its ruling the Court states that the Pirate Bay blockade is disproportionate and ineffective, citing TNO research and the Baywatch report of the University of Amsterdam. As a result, the blockade was found to hinder the Internet providers’ entrepreneurial freedoms.

The court based its decision on the Charter of Fundamental Rights of the European Union, which both includes “freedom to conduct a business” and “right to property.” In this case the entrepreneurial freedom outweighs property rights, because the blockades are disproportionate and ineffective.

Based on the above, the appeal court overturned the blocking order and ordered the Hollywood-funded anti-piracy group to pay 326,000 euros ($445,000) in legal fees.