In keeping with a global strategy to disrupt the operations of unauthorized file-sharing sites by attacking their infrastructure, Swedish authorities have been eying two domains operated by the notorious Pirate Bay.
In 2013, Prosecutor Fredrik Ingblad, the man behind the operation that took the site down in December, filed a motion targeting ThePirateBay.se (the site’s main domain) and PirateBay.se (a lesser used alternative).
Filed against Punkt SE, the organization responsible for Sweden’s top level .SE domain, the case reasoned that since The Pirate Bay is an illegal operation, its domains are tools used by the site to infringe copyright. Noting that Punkt SE supplies and controls the domains and is therefore liable for their (mis)use, the domains should be dealt with in the same way that other criminal tools would be, Ingblad argued.
Punkt SE, on the other hand, took the position that holding a registry responsible for infringement has no basis in law. Furthermore, disabling domains is an ineffective way to deal with infringement.
After two years preparation the case was heard at the end of April 2015 and just a few minutes ago the decision was handed down.
After a week-long delay the Stockholm District Court ruled that The Pirate Bay will forfeit its Sweden-based domains – ThePirateBay.se and PirateBay.se – after finding that they belong to Pirate Bay co-founder Fredrik Neij.
“The District Court’s conclusion is that the domain names are property that can be forfeited,” the ruling reads.
“Fredrik Neij has participated in the [copyright infringement] crimes that have been identified and he is the actual holder of the domain names. It is therefore no obstacle to confiscate domain names from him. The prosecutor’s primary claim with respect to Fredrik Neij should be upheld and domain names should be confiscated from him in accordance with the Copyright Act.”
While copyright holders will be pleased that two of Pirate Bay’s domains will be put out of action (they will be seized by the Swedish state), the District Court dismissed the prosecution’s case against Punkt.se and awarded the registry close to $40,000 (SEK 332,000) in costs.
“We have received the verdict and are of course glad that the court chose to decide according to our view,” .SE public relations manager Elisabeth Nilsson informs TorrentFreak.
“We think it is good that this issue has been examined. Now we need some time to read through the verdict and do a thorough analysis before we can make any further comments.”
At least for now The Pirate Bay will continue business as usual. An insider informs TF that the site has plenty of other domains in reserve and will make a switch when required.
We have also requested comment from prosecutor Fredrik Ingblad and this article will be updated as soon as further details become available.
Should the parties wish to appeal they must do so no later than June 9, 2015.
Tag: Punkt SE
Peter Sunde: Pirate Bay Still Has The Right To Defend Itself
The .SE registry targeted in the prosecutor’s case does not want to take this action. They look at it as removing a street address on the basis that a crime was committed there.
But they’re all making it so simple. The fact is that, even though I despise the current version of The Pirate Bay, nothing illegal happens there. And actually, no such case has even been tried as the case against me and the others a few years back was about a totally different version of TPB.
The technology back then was different and the verdicts handed down referenced the fact that three separate parts of the system were in play in order to breach copyright. First the search engine (which is still there), then a tracking system (which was removed many years ago) and a database of .torrent files (which was removed years ago too).
This means that TPB today is in a totally different technical state than it was in the previous (and also very corrupt) court case. It also means that there’s no relevant court case to reference today, the system just looks the same to the users – and the prosecution and judges might have a hard time to understand that.
Essentially today’s TPB is similar to any other search engine. The court case in Sweden could just as well talk about Google.se as a domain name instead, since they also link to material that might breach copyright. But, actually, Google show you parts of that content, not just metadata about it.
Obviously this would be considered a ludicrous case and would be thrown out, but everything regarding TPB scared the shit out of the Swedish government because of pressure from the United States of America. Just look at how the first raid happened.
The Pirate Bay Domains Targeted in Legal Action
While it is technically possible to operate without one, domain names are considered vital for any mainstream website. Domains give a web service an identity and make them easy to find.
This is exactly what authorities in Sweden are now trying to deny The Pirate Bay.
Prosecutor Fredrik Ingblad, the man behind the now-famous operation to take the site down in December, is now spearheading the drive to shut down The Pirate Bay’s access to a pair of key domains. ThePirateBay.se and PirateBay.se are Ingblad’s targets, the former being the only domain currently being used by the site.
Originally filed at the District Court of Stockholm back in 2013, the motion targets Punkt SE, the organization responsible for Sweden’s top level .SE domain. Ingblad’s assertion is that since The Pirate Bay is acting illegally, domain names are necessarily part of that site’s ‘crimes’ and should be tackled like any other part of its infrastructure.
“A domain name is an aid for a site. When a site is used for criminal activities a domain is aiding crime,” Ingblad said.
While actions against domain names aren’t unprecedented in Sweden, this case is unique. Punkt SE (also referred to as the Internet Infrastructure Foundation) informs TorrentFreak that while two earlier actions targeted the owners of Swedish domain names, this is the first time that the prosecutor has targeted the .SE / IIS registrar directly.