The Pirate Bay raid

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Video footage taken during the Pirate Bay raid TBP Pirate Independence Day - 31 May, 2008.gif
Video footage taken during the Pirate Bay raid

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.

Contents

The raid, alleged by Pirate Bay to be politically motivated and under pressure from the Motion Picture Association of America (MPAA), was reported as a success by the MPAA in the immediate aftermath, but with the website being restored within days and the raising of the debate in Sweden, commentators such as TorrentFreak called the raid "highly unsuccessful". [1] On 31 January 2008, Swedish prosecutors filed charges against four of the individuals behind The Pirate Bay for "promoting other people's infringements of copyright laws".

Execution

At roughly 11:00  UTC on 31 May 2006, a major raid against The Pirate Bay and people involved with the website took place, prompted by allegations of copyright violations and formally ordered by judge Tomas Norström, who later presided on the 2009 trial. Some 65 police officers participated in the raid, shutting down the website and confiscating its servers, as well as all other servers hosted by The Pirate Bay's Internet service provider, PRQ. The company is owned by two operators of The Pirate Bay. Three people—Gottfrid Svartholm, Mikael Viborg, and Fredrik Neij—were held by the police for questioning, but were released later in the evening. Mikael Viborg, the legal advisor to The Pirate Bay, was arrested at his apartment, brought in for questioning, forced to submit a DNA sample and had his electronic equipment seized. [2]

Many servers in the server room were seized, including those running the website of Piratbyrån, an independent organization fighting for file sharing rights, as well as servers unrelated to The Pirate Bay or other file sharing activities, including a Russian opposition news agency and GameSwitch, a British game server host. [3] [4] In addition, equipment such as hardware routers, switches, blank CDs, and faxes were also seized. The Danish documentary Good Copy Bad Copy (2007) includes closed-circuit television camera footage of the raid, and interviews with Gottfrid Svartholm and Fredrik Neij about the raid and its aftermath.

Political issues

Swedes protesting against the police raid during the pro-piracy demonstration on June 3, 2006 Piratdemonstration vid Mynttorget - 03 - 2006-06-03 (gabbe).jpg
Swedes protesting against the police raid during the pro-piracy demonstration on June 3, 2006

The Swedish public broadcast network, Sveriges Television, cited unnamed sources claiming that the raid was prompted by political pressure from the United States, which the Swedish government denied. Sveriges Television claimed that the Swedish government was threatened by the World Trade Organization with trade sanctions unless action was taken against The Pirate Bay. [5]

There have been claims of politicians pressuring other government agencies to take action in connection with this allegation, which is unconstitutional in Sweden. [6] A letter titled "Re: The Pirate Bay" from the Motion Picture Association of America (MPAA) to Dan Eliasson, State Secretary at the Swedish Ministry of Justice, was dated two months before the raid and hinted at trade reprisals ("It is certainly not in Sweden's best interests to earn a reputation as a place where utter lawlessness is tolerated") and urged him to "exercise your influence to urge law enforcement officers in Sweden to take much-needed action against The Pirate Bay". [7]

The MPAA wrote in a press release: "Since filing a criminal complaint in Sweden in November 2004, the film industry has worked vigorously with Swedish and U.S. government officials in Sweden to shut this illegal website down." MPAA CEO Dan Glickman also stated, "Intellectual property theft is a problem for film industries all over the world and we are glad that the local government in Sweden has helped stop The Pirate Bay from continuing to enable rampant copyright theft on the Internet." [8] The MPAA press release set forth its justification for the raid and claimed that there were three arrests; however, the individuals were not actually arrested, only held for questioning. The release also reprinted John G. Malcolm's allegation that The Pirate Bay was making money from the distribution of copyrighted material, a criticism denied by the Pirate Bay.

Aftermath

After the raid, The Pirate Bay displayed a "SITE DOWN" message confirming that Swedish police had executed search warrants for breach of copyright law or assisting such a breach. The BitTorrent community quickly spread the announcement across online news sites, blogs, and discussion forums. The closure message initially caused some confusion because on 1 April 2005 The Pirate Bay had posted a similar message, stating that they were permanently down due to a supposed raid by the Swedish Anti-Piracy Bureau and IFPI, as a prank. Piratbyrån set up temporary news blog to inform the public about the incident. [9]

Logo shown on The Pirate Bay homepage after the May 2006 police raid in Sweden, written as "Hollywood". The Pirate Bay Hollybay logo.svg
Logo shown on The Pirate Bay homepage after the May 2006 police raid in Sweden, written as "Hollywood".

On 1 June 2006, it was reported on The Pirate Bay website that it would be up and fully functional within a day or two. As promised, The Pirate Bay was back up and operational by the end of the next day, their logo now depicting the pirate ship firing cannonballs at the Hollywood sign. The header displayed the name "The Police Bay". The next logo featured the pirate ship as a stylized phoenix, in reference to the servers rising up again after the raid.

The reincarnated website was, as stated by "Peter" in the Chaosradio International interview with Tim Pritlove, [10] running on servers located in the Netherlands. As of 3 June, the search function was not available. It was possible to browse for .torrent files manually and download them, but attempts at downloading .torrent files for most copyrighted materials gave 404 Not Found errors. On 5 June 2006, The Pirate Bay went down, citing database server problems. It was back up the next day, but with limited availability. The Pirate Bay attributed these issues to increased traffic resulting from the recent publicity and promised that the website would soon be running smoothly again. TPB thereafter fixed a number of minor software bugs and brought new servers online to handle the increased traffic load. [11] By 9 June, the website was once again fully functional. On 14 June 2006, the Swedish news agency TT reported that The Pirate Bay was back in Sweden due to "pressure from the Department of Justice [in the Netherlands]." [12]

During the afternoon of 1 June, again on 3 June, and again in the morning of 4 June, the website of the Swedish police [13] went down due to high load. It was speculated that this was a retaliatory denial-of-service attack in response to the TPB raid. According to a Swedish article in the IT news website IDG, the downtime resulted from many requests for a specific url—which had been widely circulated via IRC chatrooms and internet forums. [14] According to the article, the purpose was to "show what you think of the police's behaviour." [15]

Demonstrations against the police action took place on 3 June 2006 in Gothenburg and Stockholm, organized by Piratbyrån and the Pirate Party in collaboration with the Liberal Youth, Young Greens and Young Left parties. There were no reports of violence. Approximately 500–600 people showed up at the Stockholm protest and about 300 at the Gothenburg protest.

Steal This Film poster mockup Stealthisfilm.PNG
Steal This Film poster mockup

The Pirate Bay is considered part of an international anti-copyright movement. [16] The documentary Steal This Film was produced and distributed (via BitTorrent) in the months following the raid. In the words of its speakers, it aimed to present the other side of the debate, until that time dominated by the media industry. The film was made available free, as donationware.

Since the raid, Pirate Bay stated their disaster recovery plan of "a few days" worked correctly, but that they are now moving to redundant servers both in Belgium and Russia, and an aim of a few hours restoration time, should the servers be disrupted again. Following the raid, the number of Pirate Bay users grew from 1 million to 2.7 million. The number of peers grew almost 5 times, from 2.5 million to 12 million. [17] It has been reported that the Pirate Bay claims more than 5 million active users. Internet traffic ranker Alexa.com ranks Pirate Bay as the 73rd most popular website in the world. [16]

Charges

In May 2007, prosecutor Håkan Roswall made it clear that he intended to press charges against the administrators of The Pirate Bay. [18] In mid-January 2008 Peter Sunde told Ars Technica: "I'm quite sure we won't be convicted anyhow" and "[If we are], we'll just appeal all the way to the European Union court. So in five years time this might be settled." [19]

On 31 January 2008, Pirate Bay operators Fredrik Neij, Gottfrid Svartholm, Peter Sunde and Carl Lundström were charged with "promoting other people's infringements of copyright laws." [20] [21] If convicted, the defendants face up to two years in prison and SEK 1.2 million in restitution. [22] Pirate Bay's legal advisor, Mikael Viborg, has stated that because torrent files and trackers merely point to content, the site's activities are legal under Swedish law. Magnus Martensson, legal advisor for the International Federation of the Phonographic Industry (IFPI), says the website is damaging to industry and liable for at least contributory copyright infringement. [23]

Allegations

Soon after the police investigation of The Pirate Bay finished in 2008, lead investigator Jim Keyzer left the police force briefly to work for MPAA member studio Warner Brothers, according to his since-deleted Facebook profile. [24] [25] Sydsvenskan reported that Keyzer had already been working for the studio while the investigation into The Pirate Bay was still open. [26] An April 2008 Pirate Party press release called the potential conflict of interest a "bribing scandal". [27] Piratbyrån wrote about the allegations:

If the trial wasn't already just a political theatre, this clearly shows that this is not a fair and balanced trial. The copyright industry stands no chance in an objective legal judgement and therefore have to cheat their way forward. Their legitimacy has hit rock bottom [28]

These matters have not been resolved in court and even though Keyzer was scheduled to be a witness in the Pirate Bay trial, he was not called. [29]

2014 raid

On 9 December 2014, a second 'Pirate Bay raid' occurred when police in Stockholm, Sweden raided The Pirate Bay and seized servers and other computers and equipment. [30] [31] [32] [33] [34] [35] The Pirate Bay and several other torrent-related websites went down, and have since come back online.

Related Research Articles

In computer networks, download means to receive data from a remote system, typically a server such as a web server, an FTP server, an email server, or other similar systems. This contrasts with uploading, where data is sent to a remote server.

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.

Piratbyrån was a Swedish think tank established to support the free sharing of information, culture, and intellectual property. Piratbyrån provided a counterpoint to lobby groups such as the Swedish Anti-Piracy Bureau.

<span class="mw-page-title-main">BREIN</span> Dutch entertainment industry interest group

The Bescherming Rechten Entertainment Industrie Nederland is an advocacy group with international links, based in the Netherlands, which represents the interests of the Dutch entertainment industry and is organised under the Dutch law through the legal form of stichting. It is notable for launching court proceedings against copyright infringement in the country and for engaging in lobbying in order to create legal precedents of global significance.

<span class="mw-page-title-main">The Pirate Bay</span> Website providing torrent files and magnet links

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.

This is a timeline of events in the history of networked file sharing.

<span class="mw-page-title-main">Pirate Party (Sweden)</span> Swedish political party focused on information sharing

The Pirate Party is a political party in Sweden founded in 2006. Its sudden popularity has given rise to parties with the same name and similar goals in Europe and worldwide, forming the International Pirate Party movement.

<span class="mw-page-title-main">Fredrik Neij</span> Swedish activist

Hans Fredrik Lennart Neij, alias TiAMO, is the co-founder of The Pirate Bay, and the Swedish Internet service provider and web hosting company PRQ. Neij was one of the defendants in The Pirate Bay Trial which began on 16 February 2009. He and other operators of The Pirate Bay were charged with assisting users in copyright infringing practices. His time during the aforementioned trial has been captured in the documentary film TPB AFK by Simon Klose.

<span class="mw-page-title-main">Gottfrid Svartholm</span> Swedish computer specialist

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.

<span class="mw-page-title-main">PRQ</span> Swedish internet service provider

PRQ is a Swedish Internet service provider and web hosting company created in 2004.

isoHunt Torrent index site closed 2013

isoHunt was an online torrent files index and repository, where visitors could browse, search, download or upload torrents of various digital content of mostly entertainment nature. The website was taken down in October 2013 as a result of a legal action from the MPAA; by the end of October 2013 however, two sites with content presumably mirrored from isohunt.com were reported in media. One of them – isohunt.to – became a de facto replacement of the original site. It is not associated in any way with the old staff or owners of the site, and is to be understood as a separate continuation.

<i>Steal This Film</i> 2006 short film

Steal This Film is a film series documenting the movement against intellectual property directed by Jamie King, produced by The League of Noble Peers and released via the BitTorrent peer-to-peer protocol.

<span class="mw-page-title-main">BayImg</span>

BayImg is an image hosting website founded in 2007 by The Pirate Bay, and pulled offline after a TPB server was compromised in 2014. BayImg provided a no-registration service that did not have any copyright license enforced on its images.

<i>Good Copy Bad Copy</i> 2007 film

Good Copy Bad Copy is a 2007 documentary film about copyright and culture in the context of Internet, peer-to-peer file sharing and other technological advances, directed by Andreas Johnsen, Ralf Christensen, and Henrik Moltke. It features interviews with many people with various perspectives on copyright, including copyright lawyers, producers, artists and filesharing service providers.

<span class="mw-page-title-main">Legal issues with BitTorrent</span>

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.

<span class="mw-page-title-main">Peter Sunde</span> Swedish entrepreneur and politician

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.

<span class="mw-page-title-main">The Pirate Bay trial</span> Copyright infringement trial of torrent tracker

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.

<i>TPB AFK</i> 2013 film

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.

<span class="mw-page-title-main">BayFiles</span> File hosting service

BayFiles was a file-hosting website created by two of the founders of The Pirate Bay.

<span class="mw-page-title-main">Countries blocking access to The Pirate Bay</span>

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).

References

  1. ↑ Ernesto (31 May 2007). "The Pirate Bay: One year After the Raid". TorrentFreak. Retrieved 4 June 2016.
  2. ↑ "The takedown of The Pirate Bay". Mikael Viborg. 1 June 2006. Archived from the original on 18 January 2007.
  3. ↑ "Homepage". The Pirate Bay. 1 June 2006. Retrieved 1 June 2006. The police officers were allowed access to the racks where the Pirate Bay servers and other servers are hosted. All servers in the racks were clearly marked as to which sites run on each. The police took down all servers in the racks, including the non-commercial site Piratbyrån
  4. ↑ "Swedish piracy row gathers pace". 5 June 2006.
  5. ↑ "USA-hot bakom fildelningsrazzia". Dn.se. Retrieved 28 September 2008.
  6. ↑ "The Pirate Bay Not Impressed by Announced Prosecution". TorrentFreak. 4 May 2007. Retrieved 20 May 2007.
  7. ↑ "Pirate MPA" (PDF). TorrentFreak. Retrieved 27 September 2008.
  8. ↑ "Swedish authorities sink Pirate Bay" (PDF) (Press release). Motion Picture Association of America. 31 May 2006. Retrieved 27 September 2008.
  9. ↑ "Piratbyrån - temporär nyhetsförmedling". Piratbyran.blogspot.com. Retrieved 28 September 2008.
  10. ↑ "CRI009 The Pirate Bay - Chaosradio Podcast Network". Chaosradio.ccc.de. Retrieved 28 September 2008.
  11. ↑ "Pirate Bay Bloodied But Unbowed". Wired.com. 6 June 2006. Retrieved 28 September 2008.
  12. ↑ "The Pirate Bay tillbaka i Sverige | SvD". Svenska Dagbladet (in Swedish). Svd.se. 14 June 2006. Archived from the original on 22 June 2008. Retrieved 28 September 2008.
  13. ↑ "Startsida - Polisen". Polisen.se. Archived from the original on 15 March 2008. Retrieved 28 September 2008.
  14. ↑ "Polisens hemsida utsatt för överbelastningsattack - uppdaterad - IDG.se". Idg.se. Retrieved 28 September 2008.
  15. ↑ "Regeringens hemsida kraschade". Dn.se. 28 September 2008. Archived from the original on 11 February 2009. Retrieved 28 September 2008.
  16. 1 2 Sarno, David (29 April 2007). "The Internet sure loves its outlaws - Los Angeles Times". Latimes.com. Retrieved 28 September 2008.
  17. ↑ "Should The Pirate Bay thank MPAA for its cult following? | Startup Meme". Startupmeme.com. Archived from the original on 19 July 2008. Retrieved 28 September 2008.
  18. ↑ Williams, Chris (13 November 2007). "Prosecutor sets date for Pirate Bay showdown". The Register . Retrieved 27 November 2007.
  19. ↑ "Swedish prosecutors dump 4,000 legal docs on The Pirate Bay". Arstechnica.com. 15 January 2008. Retrieved 28 September 2008.
  20. ↑ Kravets, David (31 January 2008). "Pirate Bay Future Uncertain After Operators Busted | Threat Level from Wired.com". Blog.wired.com. Retrieved 28 September 2008.
  21. ↑ Larsson, Linus (31 January 2008). "Charges filed against the Pirate Bay four". Computer Sweden . Retrieved 1 February 2008.
  22. ↑ "Pirate Bay hit with legal action". BBC News . 31 January 2008. Retrieved 20 June 2008.
  23. ↑ Harrison, Ann (13 March 2006). "The Pirate Bay: Here to Stay?". Wired . Retrieved 21 June 2008.
  24. ↑ "Polis som utredde TPB-fallet börjar jobba på Warner Bros. | Kopit". Kopit.se. Retrieved 28 September 2008.
  25. ↑ "Slashdot | "Judicial Scandal" In Pirate Bay Case". News.slashdot.org. Retrieved 28 September 2008.
  26. ↑ Kuprijanko, Alexander (4 June 2008). "Åter från Warner till polisjobbet". Sydsvenskan (in Swedish). Retrieved 16 June 2008.
  27. ↑ "PRESSMEDDELANDE: Mutskandal i Pirate Bay-målet - UD bör protestera" (in Swedish). Piratpartiet. 18 April 2008. Retrieved 27 September 2008.
  28. ↑ "Chief police investigator in Pirate Bay trial employed by the copyright industry". The Pirate Bay. 18 April 2008. Retrieved 27 September 2008.
  29. ↑ Zachariasson, Helena (27 February 2009). "Åklagaren återkallar vittnen i Pirate Bay-rättegången". PC för alla (in Swedish). IDG.
  30. ↑ Zetter, Kim (9 December 2014). "Pirate Bay Has Been Raided and Taken Down: Here's What We Know". Wired . Retrieved 9 December 2014.
  31. ↑ Andy (9 December 2014). "Swedish Police Raid The Pirate Bay, Site Offline". TorrentFreak . Retrieved 9 December 2014.
  32. ↑ Aguilar, Mario (9 December 2014). "The Pirate Bay Raided By Police, Site Down". Gizmodo . Retrieved 10 December 2014.
  33. ↑ McCormick, Rich (10 December 2014). "The Pirate Bay goes offline after police raid server room - File-sharing site's homepage is mirrored at Costa Rica URL". The Verge . Retrieved 10 December 2014.
  34. ↑ Barber, Elizabeth (10 December 2014). "Pirate Bay Goes Offline After a Raid in Sweden". Time . Retrieved 10 December 2014.
  35. ↑ Mazumdar, Tarun (10 December 2014). "The Pirate Bay Is Down Worldwide: Swedish Police Seize TPB's Computers And Servers Plus Peter Sunde Speaks Out". International Business Times . Archived from the original on 10 December 2014. Retrieved 10 December 2014.
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