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BREIN Not Impressed with The Pirate Bay's Torrent Removal Plan
August 20, 2009
Thomas Mennecke
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If you're waiting for all the silliness that has defined The Pirate Bay drama to die already, you might have to wait a bit longer. Of course, that's assuming most people still care, and judging by the reaction to The Pirate Bay's imminent demise as flag bearer of P2P freedom, most people have move on to bigger and brighter pastures. Just a few days ago, TorrentFreak reported that the Pirate Bay's potential owners, Global Gaming Factory (GGF), will implement a torrent removal process for rights holders.

That sounds a whole lot like TorrentSpy's old "FileRights" scheme designed to enable rights holders to easily remove potentially infringing torrents. And we know how well that all worked out in the end.

Well, not surprisingly, BREIN saw through this plan and has already responded - and not too kindly. In a press release issued today, BREIN has fired a warning shot to the potential new owners. In short, don't even bother with the removal process because it wont save you from legal action. The bottom line according to BREIN: such a removal process is fine for the occasional infringing work that might pop up - but not a "structural" infringing site like The Pirate Bay. Wow, structural infringement? Impressive.

“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.

So it seems that GGF is already fighting an uphill battle. Not only are they butting heads with the entertainment industry, but they must also confront a user base that's quickly becoming disenfranchised with The Pirate Bay's new direction. They're paying a lot of money with a population already looking for a new home. Hey, there's a bridge around here that's for sale too.

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