The future owner of The Pirate Bay, GGF, has announced that injured right holders will get the opportunity to remove torrents that give access to illegal content -films, music, games, etc- from the website. BREIN determined that this concerns more than 90% of the torrents and says the proposal is insufficient. BREIN has a verdict from the Dutch court that prohibits GGF to keep the site available in the Netherlands after its take-over.
“In the proposed system the right holder must detect illegal content on the website and remove it. That is insufficient”, says BREIN director Tim Kuik. “This sort of Notice and Take Down system works in case of incidental infringement but not for the structural infringement that happens at The Pirate Bay.”
“The point is that The Pirate Bay is responsible for what happens on the site. They must keep preventive supervision and take care that no illegal torrents become available on the site. The site provides access to content which to an important and even overwhelming extent is illegal. So they can not assume that there is permission and leave it up to the right holders to check continuously for infringements. It is their site, their business and so their job to clean it up and keep it clean”, says Kuik.
The same issue is at stake in the court case that BREIN has filed against Dutch bittorrent site Mininova. The verdict in that case is expected on August 26.
Anyone that thought the new Pirate Bay might resemble anything like it's former self looks like being very disappointed.
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