 | |
| Formation | 1998 |
|---|---|
| Type | Stichting of the entertainment industry aimed at stopping piracy |
| Headquarters | Hoofddorp |
| Location |
|
Chairman | Tim Kuik |
| Website | stichtingbrein |
The Bescherming Rechten Entertainment Industrie Nederland ( Dutch for '(Foundation for the) Protection of the Rights of the Entertainment Industry of the Netherlands'; abbreviated as BREIN, 'Brain') is a stichting in which the recording industry and movie studios of the Netherlands participate.
Several organizations or rights holders in the Entertainment Industry are participants in the organization. Those are amongst others: [1]
BREIN is known for shutting down Dutch eDonkey 2000 link giant ShareConnector in December 2004. Due to controversy over the legality of links to illegal content, and a lack of quality in the evidence provided by BREIN, [2] the case was not put to trial for several years. After being offline for two years, ShareConnector reopened in December 2006 but on November 12, 2007, Shareconnector went offline again.
On March 16, 2010 the Amsterdam Court of Appeal ruled that sites that offer hash links (like .torrent links) were facilitating copyright infringement, an unlawful behavior. [3] Shareconnector did not make the content available to the public because they did not have control over the content itself and they did not interfere in the up- and downloading process. However, the Court of Appeal ruled that the site was illegal because their procedure made it easier for users to retrieve the illegal content from the eDonkey network.
On October 23, 2007 BREIN, together with IFPI, BPI, Dutch police, and other organizations shut down prominent Bittorrent tracker Oink's Pink Palace. [4]
In a civil court case which BREIN filed in the Netherlands against the founders of The Pirate Bay, on 22 October 2009 the Amsterdam District Court ruled that The Pirate Bay was not making a direct infringement but its facilitating activities amount to an unlawful act. The Court ordered The Pirate Bay to remove a list of torrents that link to copyright-protected works in the Netherlands and to make these torrents on its websites inaccessible for Internet users in the Netherlands. [5] The Pirate Bay ignored the verdict.
In January 2012 BREIN announced that a Dutch court had ordered Ziggo and XS4ALL to block all access to The Pirate Bay. [6] On May 10, 2012 this judgement was followed by a court order of the District Court in The Hague against UPC, KPN, T-Mobile and Tele2 to also block The Pirate Bay for their customers. [7]
Ziggo and XS4ALL appealed this verdict and won, with BREIN being ordered to pay 326,000 Euro as a compensation for process costs. [8]
On March 23, 2024, the Dutch pirate site blocklist has been reported to now include Anna's Archive and Library Genesis, based on a request by BREIN. [9]
After a series of allegations that Usenet community Fill Threads Database (FTD) was acting illegally, the Dutch FTD started a lawsuit against BREIN in May 2009.[ citation needed ] BREIN president Tim Kuik alleged in a Dutch newspaper that "Although they [FTD] are not carrying illegal content on their servers, what FTD does is simply criminal". FTD is suing for a retraction of this libelous statement and demands a declaration from the courts that its activities are entirely within the law.
On February 9, 2011 the Dutch District Court of Haarlem ruled, that FTD had acted unlawfully and issued an injunction. FTD was obliged to ban all references to files of BREIN members. [10]
The court also ruled that Tim Kuik was free to expose the conduct of FTD and communicate the opinion of BREIN. The request for rectification was therefore rejected by the court.
FTD ceased all its operations a few weeks after the verdict. [11]
On the 1 June 2009 Tim Kuik published an online article claiming BREIN's website was "broken" by hackers performing DDoS attacks. He speculated about a possible connection with the intended court summons against The Pirate Bay. Several independent sources reported the site's deep links were still available (only the frontpage was inaccessible) and as such BREIN's claim of having been attacked was false. Brein responded claiming the attacks had stopped and that the site's year old backup had been used to recover the site. Because the backup was dated, the website was now under construction.
Internet blog Geenstijl purportedly discovered BREIN's server was still fully operational and there had been no attack whatsoever - the complete news archive was still available. [12] [13] [14] (A password was later added to BREIN's news archive to prevent further checks on availability.)
On 23 June 2009 The Pirate Bay announced a lawsuit against Tim Kuik on libel charges, claiming The Pirate Bay had nothing to do with the alleged DDoS attack. [15]
In September 2009 BREIN CEO Tim Kuik attracted controversy when in a news conference he stated he was using a laptop confiscated from a "pirate" and given to him by someone involved with the case. [16]
BREIN attracted controversy again when several suspicious aspects of their lawsuit against The Pirate Bay and Reservella were revealed, including evidence that documents used to link Fredrik Neij of The Pirate Bay to Reservella were faked. [17] [18] Peter Sunde and the Dutch Pirate Party filed criminal felony charges against both Tim Kuik and BREIN for fraud and forgery.
In January 2011, BREIN targeted one of the Internet's largest warez piracy topsites. The site, known as Swan, was taken down by hosting provider WorldStream and without judicial process BREIN seized its servers. The owners of the servers retaliated by seizing them back and may sue BREIN for breach of privacy and property rights as BREIN is a private organization and has no special legal or investigative authority. [19]
Topsite is a term used by the warez scene to refer to underground, highly secretive, high-speed FTP servers used by release groups and couriers for distribution, storage and archiving of warez releases. Topsites have very high-bandwidth Internet connections, commonly supporting transfer speeds of hundreds to thousands of megabits per second; enough to transfer a full Blu-ray in seconds. Topsites also have very high storage capacity; a total of many terabytes is typical. Early on these warez sites were mainly distributing software such as games and applications after the release groups removed any protections. Now they are also a source of other copyright protected works such as movies and music. It is strictly prohibited for sites to charge for access to the content, due to decreased security, and sites found doing so are shunned by the topsite community.
The Pirate Bay is an online index of digital content of entertainment media and software. Founded in 2003 by Swedish think tank Piratbyrån, The Pirate Bay allows visitors to search, download, and contribute magnet links and torrent files, which facilitate peer-to-peer file sharing among users of the BitTorrent protocol.
CyberBunker was an Internet service provider located in the Netherlands and Germany that, according to its website, "hosted services to any website except child pornography and anything related to terrorism". The company first operated in a former NATO bunker in Zeeland, and later in another former NATO bunker in Traben-Trarbach, Germany.
Mininova was a website offering BitTorrent downloads. Mininova was once one of the largest sites offering torrents of copyrighted material, but in November 2009, following legal action in the Dutch courts, the site operators deleted all torrent files uploaded by regular users including torrents that enabled users to download copyrighted material.
Per Gottfrid Svartholm Warg, alias anakata, is a Swedish computer specialist, known as the former co-owner of the web hosting company PRQ and co-founder of the BitTorrent site The Pirate Bay together with Fredrik Neij and Peter Sunde.
According to research done by the Organisation for Economic Co-operation and Development (OECD), the Netherlands is ranked with Switzerland in having the most broadband subscriptions per 100 inhabitants, has no bandwidth caps, and has the most homes passed in Europe in terms of connection speeds of 50 Mbit/s and higher.
The use of the BitTorrent protocol for the unauthorized sharing of copyrighted content generated a variety of novel legal issues. While the technology and related platforms are legal in many jurisdictions, law enforcement and prosecutorial agencies are attempting to address this avenue of copyright infringement. Notably, the use of BitTorrent in connection with copyrighted material may make the issuers of the BitTorrent file, link or metadata liable as an infringing party under some copyright laws. Similarly, the use of BitTorrent to procure illegal materials could potentially create liability for end users as an accomplice.
TorrentFreak (TF) is a blog dedicated to reporting the latest news and trends on the BitTorrent protocol and file sharing, as well as on copyright infringement and digital rights.
Peter Sunde Kolmisoppi, alias brokep, is a Swedish entrepreneur and politician. He is best known for being a co-founder and ex-spokesperson of The Pirate Bay, an illegal BitTorrent search engine. He is an equality advocate and has expressed concerns over issues of centralization of power to the European Union in his blog. Sunde also participates in the Pirate Party of Finland and describes himself as a socialist. In April 2017, Sunde founded Njalla, a privacy oriented domain name registrar, hosting provider and VPN provider.
The Pirate Bay raid took place on 31 May 2006 in Stockholm, when The Pirate Bay, a Swedish website that indexes torrent files, was raided by Swedish police, causing it to go offline for three days. Upon reopening, the site's number of visitors more than doubled, the increased popularity attributed to greater exposure through the media coverage, which is an example of the Streisand effect.
The Pirate Bay trial was a joint criminal and civil prosecution in Sweden of four individuals charged for promoting the copyright infringement of others with the torrent tracking website The Pirate Bay. The criminal charges were supported by a consortium of intellectual rights holders led by the International Federation of the Phonographic Industry (IFPI), who filed individual civil compensation claims against the owners of The Pirate Bay.
TPB AFK: The Pirate Bay Away From Keyboard is a 2013 Swedish documentary film directed and produced by Simon Klose. It focuses on the lives of the three founders of The Pirate Bay – Peter Sunde, Fredrik Neij, and Gottfrid Svartholm – and the Pirate Bay trial. Filming began sometime in 2008, and concluded on 28 February 2012.
Operation Payback was a coordinated, decentralized group of attacks on high-profile opponents of Internet piracy by Internet activists using the "Anonymous" moniker. Operation Payback started as retaliation to distributed denial of service (DDoS) attacks on torrent sites; piracy proponents then decided to launch DDoS attacks on piracy opponents. The initial reaction snowballed into a wave of attacks on major pro-copyright and anti-piracy organizations, law firms, and individuals. The Motion Picture Association of America, the Pirate Party UK and United States Pirate Party criticised the attacks.
Twilight was a Dutch series of monthly warez CD-ROMs and DVDs. The series ran from early 1996 until June 16, 2001. In 2003, "B.G." was convicted for copyright infringements related to the Twilight series, as well as associated violence relating to the discs' production. The court estimated he had earned approximately 1,678,215 Euro with the series in question as well as others. The series was originally distributed from out of the Netherlands, but later appeared in many European countries as well.
This is a list on countries where at least one internet service provider (ISP) formerly or currently censors the popular file sharing website The Pirate Bay (TPB).
Nyaa Torrents is a BitTorrent website focused on East Asian media. It is one of the largest public anime-dedicated torrent indexes.
RARBG was a website that provided torrent files and magnet links to facilitate peer-to-peer file sharing using the BitTorrent protocol. From 2014 to 2023, RARBG repeatedly appeared in TorrentFreak's yearly list of most visited torrent websites. It was ranked 4th as of January 2023. The website did not allow users to upload their own torrents.
Library Genesis (LibGen) is a file-sharing based shadow library website for scholarly journal articles, academic and general-interest books, images, comics, audiobooks, and magazines. The site enables free access to content that is otherwise paywalled or not digitized elsewhere. LibGen describes itself as a "links aggregator", providing a searchable database of items "collected from publicly available public Internet resources" as well as files uploaded "from users".
The Torrent Project or Torrent Search Project was a metasearch engine for torrent files, which consolidated links from other popular torrent hosting pages such as ExtraTorrent. It was available as an alternative and successor for the closed Torrentz.eu and KickassTorrents sites, and its index included over 8 million torrent files, and had a clean, simple interface. Beyond allowing torrent files of popular films, it also carried self-produced content. It had an API that allowed the search function to be integrated into applications, and the news-site TorrentFreak suggested that it could have allowed streaming in the future. It had adopted the Torrents Time plugin.
This list of Internet censorship and surveillance in Europe provides information on the types and levels of Internet censorship and surveillance that is occurring in countries in Europe.