From Wikipedia, the free encyclopedia The Pirate Bay
The Pirate Bay
The Pirate Bay
• File hosting services
Development and societal aspects
• Timeline
• Legal aspects
Non-public file sharing
• Anonymous P2P
• Friend-to-friend
• Darknet
• Private P2P
File sharing networks and services
• Gnutella / Gnutella2 (G2)
• FastTrack
• eDonkey
• Mininova
• isoHunt
• The Pirate Bay
By country or region
• Canada
• UK
URL thepiratebay.org
TPB)
The Pirate Bay (commonly abbreviated TPB is a Swedish
Slogan "The world’s most resilient BitTorrent site" website which hosts magnet links and .torrent files,
which allow users to share electronic files, including
Commercial? Yes[1]
multimedia, computer games and software via BitTor-
Type of site Torrent index, magnet links provider rent. The Pirate Bay bills itself as "The world’s most re-
Registration Free, email required; registration not
silient BitTorrent site"[3] and is currently ranked as the
required to access most content 77th most visited website in the world and 13th in Swe-
den by Alexa Internet,[2] has over 5 million registered
Available 35 languages available, primarily English
users and, as of 2011, hosts more than 3.5 million torrent
language(s)
language(s) and Swedish
files.[4] According to the Los Angeles Times, The Pirate Bay
Created by Gottfrid Svartholm Warg, Fredrik Neij and is "one of the world’s largest facilitators of illegal down-
Peter Sunde loading" and "the most visible member of a burgeoning
Launched 15 September 2003 (2003-09-15) international anti-copyright or pro-piracy move-
ment".[5]
Alexa rank 77 (December 2011)[2]
Initially established in November 2003 by the Swedish
Revenue Advertisements, donations, merchandise anti-copyright organization Piratbyrån (The Piracy
Bureau), The Pirate Bay has been run as a separate orga-
Current Active
status
nization since October 2004. The Pirate Bay was first run
by Gottfrid Svartholm and Fredrik Neij, who are known
by their nicknames "anakata" and "TiAMO", respectively.
Part of a series on They have both been accused by the Motion Picture Asso-
File sharing ciation of America with "assisting in making copyrighted
content available". On 31 May 2006, the website’s servers
Technologies
in Stockholm were raided and taken away by Swedish
• Peer to peer police, leading to three days of downtime.[6] The Pirate
• BitTorrent Bay has been involved in a number of lawsuits, both as
1
From Wikipedia, the free encyclopedia The Pirate Bay
plaintiff and as defendant. On 17 April 2009, Peter Sunde, Technical details
Fredrik Neij, Gottfrid Svartholm and Carl Lundström
Initially, The Pirate Bay’s four Linux servers ran a custom
were found guilty of assistance to copyright infringe-
web server called Hypercube. An old version is open
ment and sentenced to one year in prison and payment
source.[18][19] On 1 June 2005, The Pirate Bay updated its
of a fine of 30 million SEK (app. 4,200,000 USD; 2,800,000
website in an effort to reduce bandwidth usage, which
GBP; or 3,100,000 EUR), after a trial of nine days. The de-
was reported to be at 2 HTTP requests per millisecond
fendants have appealed against the verdict and the judge
on each of the four web servers,[20] as well as to create
was accused of bias.[7] On 26 November 2010, a Swedish
a more user friendly interface for the front-end of the
appeals court returned the verdict, decreasing the orig-
website. The website now runs Lighttpd and PHP on its
inal prison terms but increasing the fine to 46 million
dynamic front ends, MySQL at the database back end,
SEK.[8] On 17 May 2010, due to an injunction against their
Sphinx on the two search systems, memcached for
bandwidth provider, the site was taken offline.[9] Access
caching SQL queries and PHP-sessions, and Varnish in
to the website was later restored with a message making
front of Lighttpd for caching static content. As of
fun of the injunction on their front page. On 23 June 2010
September 2008, The Pirate Bay consisted of 31 dedicated
the group Piratbyrån disbanded due to the death of Ibi
servers including nine dynamic web fronts, a database,
Kopimi Botani, a prominent member and co-founder of
two search engines, and eight BitTorrent trackers.[21]
the group.[10]
On 7 December 2007, The Pirate Bay finished the
move from Hypercube to Opentracker as its BitTorrent
Hosting tracking software, also enabling the use of the UDP track-
er protocol for which Hypercube lacked support.[22] This
The Pirate Bay is hosted by PRQ, a Sweden-based com-
allowed UDP multicast to be used to synchronize the
pany, owned by creators of TPB Gottfrid Svartholm and
multiple servers with each other much faster than be-
Fredrik Neij.[11] PRQ is said to provide "highly secure, no-
fore.[23] Opentracker is free software.[24]
questions-asked hosting services to its customers."[12]
In June 2008, The Pirate Bay announced that their
Serious Tubes Networks is currently providing net-
servers would support SSL encryption (accessible via
work connectivity to The Pirate Bay.[13]
https://thepiratebay.org) in response to Sweden’s new
wiretapping law.[25][26]
Website setup
On 19 January 2009, The Pirate Bay launched IPv6
The Pirate Bay allows users to search for and download support for their tracker system, using an IPv6-only ver-
BitTorrent files (torrents), small files that contain meta- sion of Opentracker.[27]
data necessary to download the data files from other On 17 November 2009, The Pirate Bay shut off its
users. The torrents are organized into categories: "mu- tracker service permanently, stating that centralized
sic", "Video" (including a 3D section), "Applications", trackers are no longer needed since distributed hash ta-
"Games", "Other" and "Porn".[14] Normally the "Porn" bles (DHT), peer exchange (PEX), and magnet links allow
category is only visible for registered and logged-in users peers to find each other and content in a decentralized
who select the "show pornographic torrents" option in way.[28][29]
their settings page. However it is currently not necessary
with a workaround, allowing unregistered users to
search for the content, but not browse through it.[15] Funding
Registration requires an email address and is free; regis- Petter Nilsson, a candidate on the Swedish political re-
tered users may upload their own torrents and comment ality show Toppkandidaterna (The Top Candidates), donated
on torrents. 35,000 SEK (US$4,925.83) to The Pirate Bay, which they
The website features a browse function that enables used to buy new servers.[30] As of June 2006, the website
users to see what is available in broad categories like Au- is financed through advertisements on their result pages.
dio, Video, and Games, as well as sub-categories like Au- According to speculations by Svenska Dagbladet, the ad-
dio books, High-res Movies, and Comics. The contents of vertisements generate about 600,000 SEK (US$84,442.80)
a category can be sorted by file name, the number of per month.[31][32] In an investigation in 2006, the police
seeds or leechers, the date posted, etc. concluded that The Pirate Bay brings in 1.2 million SEK
According to Piratbyrån, The Pirate Bay is a long-run- (US$168,885.60) per year from advertisements.[33] The
ning project of performance art.[16] Normally the front prosecution estimated in the 2009 trial from emails and
page of The Pirate Bay features a drawing of a pirate ship screenshots that the advertisements pay over 10 million
with the logo of the 1980s anti-copyright infringement SEK (US$1.40738M) a year,[34] but in the indictment used
campaign, Home Taping Is Killing Music, on its sails.[17] the estimate from the police investigation.[35] The
lawyers of the site’s administrators counted the 2006 rev-
enue closer to 725,000 SEK (US$102,035.05).[36] The ver-
2
From Wikipedia, the free encyclopedia The Pirate Bay
dict of the trial however quoted the estimate from the switches, blank CDs, and fax machines were also
preliminary investigation.[37] seized.[43]
In April 2007, a rumor was confirmed on the Swedish The Motion Picture Association of America (MPAA)
talk show Bert that The Pirate Bay had received financial wrote in a press release: "Since filing a criminal com-
support from right-wing entrepreneur Carl Lundström. plaint in Sweden in November 2004, the film industry has
This caused some furor since Lundström, an heir to the worked vigorously with Swedish and U.S. government
Wasabröd fortune, is known for financing several far- officials in Sweden to shut this illegal website down."
right political parties and movements like MPAA CEO Dan Glickman also stated, "Intellectual prop-
Sverigedemokraterna and Bevara Sverige Svenskt (Keep erty theft is a problem for film industries all over the
Sweden Swedish). During the talk show, Piratbyrån world and we are glad that the local government in Swe-
spokesman Tobias Andersson acknowledged that "with- den has helped stop The Pirate Bay from continuing to
out Lundström’s support, Pirate Bay would not have been enable rampant copyright theft on the Internet." The
able to start" and claimed that most of the money went MPAA press release set forth its justification for the raid
towards acquiring servers and bandwidth.[38][39] and claimed that there were three arrests; however, the
The International Federation of the Phonographic In- individuals were not actually arrested, only held for
dustry (IFPI) claims that the website is extremely prof- questioning. The release also reprinted John G. Malcolm’s
itable, and that The Pirate Bay is more engaged in making allegation that The Pirate Bay was making money from
profit than supporting people’s rights.[40] The website the distribution of copyrighted material, a criticism de-
has insisted that these allegations are not true, stating, nied by the Pirate Bay.[44]
"It’s not free to operate a Web Site on this scale," and, After the raid, The Pirate Bay displayed a message
"If we were making lots of money I, Svartholm, wouldn’t that confirmed that the Swedish police had executed
be working late at the office tonight, I’d be sitting on a search warrants for breach of copyright law or assisting
beach somewhere, working on my tan."[41] In response to such a breach. The closure message initially caused some
claims of annual revenue exceeding US$3 million made confusion because on 1 April 2005, April Fool’s Day, The
by the IFPI, the site’s spokesman Peter Sunde argues that Pirate Bay had posted a similar message as a prank, stat-
the website’s high bandwidth, power, and hardware costs ing that they were unavailable due to a raid by the
eliminate the potential for profit. The Pirate Bay, he says, Swedish Anti-Piracy Bureau and IFPI. Piratbyrån set up a
may ultimately be operating at a loss.[40] In the 2009 trial, temporary news blog to inform the public about the in-
the defense estimated the site’s yearly expenses to be cident.[45] On 2 June 2006, The Pirate Bay was available
800,000 SEK (US$112,590.40).[36] It is possible to make do- once again, with their logo depicting a pirate ship firing
nations to the Pirate Bay and the site also ran a fund in- cannon balls at the Hollywood sign.[46]
tended to buy Sealand, a platform with debated micro- The Pirate Bay has servers in both Belgium and Russia
nation status. which may be used in the future in case of another
raid.[47] According to The Pirate Bay, in the two years fol-
Incidents lowing the raid, it grew from one million to 2.7 million
registered users and from 2.5 million to 12 million
peers.[6] The Pirate Bay now claims more than twenty-
Raid five million active users.[5]
Main article: The Pirate Bay raid Sweden’s largest technology museum, the Swedish
On 31 May 2006, a raid against The Pirate Bay and people National Museum of Science and Technology, acquired
involved with the website took place as ordered by judge one of the confiscated servers in 2009 and placed it in an
Tomas Norström, later the presiding judge of the 2009 exhibit for having great symbolic value as a "big problem
trial, prompted by allegations of copyright violations. Po- or a big opportunity".[48]
lice officers shut down the website and confiscated its
servers, as well as all other servers hosted by The Pirate Purchases
Bay’s Internet service provider, PRQ. The company is In January 2007, when the micronation of Sealand was
owned by two operators of The Pirate Bay. Three people put up for "sale", the ACFI and The Pirate Bay tried to
– Gottfrid Svartholm, Mikael Viborg, and Fredrik Neij – buy it. The Sealand government however did not want to
were held by the police for questioning, but were re- be involved with The Pirate Bay, as it was their opinion
leased later that evening.[42] All servers in the room were that file sharing represented "theft of proprietary
seized, including those running the website of Pirat- rights".[49][50] A new plan was formed to buy an island in-
byrån, an independent organization fighting for file shar- stead, but this too was never implemented, despite the
ing rights, as well as servers unrelated to The Pirate Bay website having raised US$25,000, €15,000 in donations for
or other file sharing activities, including a Russian oppo- this cause.[51]
sition news agency. Equipment such as hardware routers,
3
From Wikipedia, the free encyclopedia The Pirate Bay
urge the website to have the pictures removed.[54] The
Pirate Bay refused to remove the torrent. The number of
downloads increased to about 50,000 a few days later.[55]
On 11 September 2008, the website’s press contact Peter
Sunde participated in the debate program Debatt on the
public broadcaster SVT. Sunde had agreed to participate
on the condition that the father Nicklas Jangestig would
not take part in the debate. Jangestig ultimately did par-
ticipate in the program by telephone, which made Sunde
feel betrayed by SVT.[56] This caused The Pirate Bay to
suspend all of its press contacts the following day.[57]
“I don’t think it’s our job to judge if something is eth-
ical or unethical or what other people want to put out on
the internet,” said The Pirate Bay’s spokesperson Peter
Sunde to TV4.[58]
Legal issues
See also: The Pirate Bay trial
In September 2007, a large number of internal emails
were leaked from anti-piracy company MediaDefender
by an anonymous hacker. Some of the leaked emails dis-
cussed hiring hackers to perform DDOS attacks on The
Pirate Bay’s servers and trackers.[59] In response to the
leak, The Pirate Bay filed charges in Sweden against Me-
diaDefender clients Twentieth Century Fox Sweden AB,
EMI Sweden AB, Universal Music Group Sweden AB,
Universal Pictures Nordic AB, Paramount Home Enter-
Fredrik Neij (alias TiAMO) speaking at Mynttorget in Stock- tainment (Sweden) AB, Atari Nordic AB, Activision
holm during the 3 June 2006 pro-piracy protest Nordic, Ubisoft Sweden AB, Sony BMG Music Entertain-
ment (Sweden) AB, and Sony Pictures Home Entertain-
The P2P news blog, Torrent Freak, reported on 12 Oc- ment Nordic AB,[60] but the charges were not pursued.[59]
tober 2007 that the Internet domain ifpi.com, which pre- MediaDefender’s stocks fell sharply after this incident,
viously belonged to the International Federation of the and several media companies withdrew from the service
Phonographic Industry, an anti-piracy organisation, had after the company announced the leak had caused
been acquired by The Pirate Bay. When asked about how $825,000 in losses.[61] Later, The Pirate Bay co-founder
they got hold of the domain, Sunde told TorrentFreak, Peter Sunde accused police investigator Jim Keyzer of a
"It’s not a hack, someone just gave us the domain name. conflict of interest when he declined to investigate Medi-
We have no idea how they got it, but it’s ours and we’re aDefender. Keyzer later accepted a job for MPAA member
keeping it." The website was renamed "The Internation- studio Warner Brothers.[62] The leaked emails revealed
al Federation of Pirates Interests."[52] However, the IFPI that other MPAA member studios hired MediaDefender
filed a complaint with the World Intellectual Property to pollute The Pirate Bay’s torrent database, contradict-
Organisation shortly thereafter, which subsequently or- ing the MPAA’s earlier claim that its member studios
dered The Pirate Bay to return the domain name to the were not MediaDefender clients.[63]
IFPI.[53] The Swedish online business newspaper E24
Näringsliv reported on 15 February 2008 that the UK
Autopsy photos based anti-piracy firm Web Sheriff intended to file law-
suits in the United States and Sweden against The Pirate
In September 2008, the Swedish media reported that the
Bay on behalf of Prince, the Village People, Van Morri-
public preliminary investigation protocols concerning a
son, and the estate of Chet Baker. Lars Sandberg, Web
child murder case known as the Arboga case had been
Sheriff’s local counsel in Sweden, told E24 that Web Sher-
made available through a torrent on The Pirate Bay. In
iff had not yet determined whether to sue the individuals
Sweden, preliminary investigations become publicly
or the companies associated with the website. Peter
available the moment a lawsuit is filed and can be or-
Sunde dismissed the threats as relying on American law
dered from the court by any individual. The document
inapplicable in Sweden.[64][65]
included pictures from the autopsy of the two murdered
children, which caused their father Nicklas Jangestig to
4
From Wikipedia, the free encyclopedia The Pirate Bay
In an official letter to the Swedish Minister of Justice, ed that the judgment did not order The Pirate Bay to be
the International Olympic Committee (IOC) requested as- disconnected, but the ISP had no other option for stop-
sistance from the Swedish government to prevent video ping the activity on the site.[78] It is the first time in Swe-
clips from the Beijing Olympics from being distributed den for an ISP to be forced to stop providing access for
via The Pirate Bay. The IOC claimed there were more than a website.[79][80][81] A public support fund fronted by the
one million downloads of footage from the Olympics – CEO of the ISP was set up to cover the legal fees of an ap-
mostly of the opening ceremony. The Pirate Bay, how- peal.[82] Pirate Party leader Rickard Falkvinge submitted
ever, did not take anything down, and temporarily re- the case for Parliamentary Ombudsman review, criticis-
named the website to The Beijing Bay.[66] ing the court’s order to make intermediaries responsible
for relayed content and to assign active crime prevention
tasks to a private party.[83][84]
The Stockholm District Court ordered on 28 October
2009 a temporary injunction on Neij and Svartholm with
a penalty of 500,000 SEK each, forbidding them from par-
ticipating in the operation of The Pirate Bay’s website or
trackers.[85][86]
The Svea Court of Appeal decided on 21 May 2010
not to change the orders on Black Internet or Neij and
Svartholm.[87][88]
Protestors showing support to The Pirate Bay trial on the first
day of the trial.
Service issues
In May 2007, The Pirate Bay was attacked by a group of
The trial against the men behind the Pirate Bay start- hackers.[89] They copied the user database, which includ-
ed in Sweden on 16 February 2009. They are accused ed over 1.5 million users. The Pirate Bay reassured its
of breaking Swedish copyright law.[67] The defendants, users that the data was of no value and that passwords
however, continued to be confident about the out- and e-mails were encrypted and hashed. Some blogs stat-
come.[68] Half the charges against the Pirate Bay were ed that a group known as the AUH (Arga Unga Hackare,
dropped on the second day of the trial.[69] Swedish for "Angry Young Hackers") were suspected of
The three operators of the site and their one investor executing the attack, however the AUH stated on the
Carl Lundström were convicted in Stockholm district Computer Sweden newspaper that they were not involved
court on 17 April 2009 and sentenced to one year in jail and would take revenge on those responsible for the at-
each and a total of 30 million SEK (3.6 million USD, 2.7 tack.[90][91]
million EUR, 2.4 million GBP) in fines and damages.[70] On 27 April 2009 the website of The Pirate Bay had
The defendants’ lawyers have appealed to the Svea Court fiber IPv4 connectivity issues. There was widespread
of Appeal and have requested a retrial in the district speculation this was a forced outage from the Swedish
court, alleging bias on behalf of judge Tomas antipiracy group, accelerated somewhat by TPB adding
Norström,[71] the same judge who ordered the 2006 raid. contact details for the Swedish antipiracy group’s
The case will likely be appealed to the Supreme Court of lawyers to its RIPE database record.[92][93] The site and its
Sweden (and parts of the case may be remitted to the forums were still available via IPv6 at the time.[94]
European Court of Justice), and thus the appeal process On 24 August 2009 one of The Pirate Bay’s upstream
could take several years before a verdict is final.[72][73] providers was ordered to discontinue service for the
On 13 May 2009 several record companies again sued website by a Swedish court in response to a civil action
Neij, Svartholm, Sunde and also The Pirate Bay’s main brought by several entertainment companies including
internet service provider Black Internet. They required Disney, Universal, Time Warner, Columbia, Sony, NBC,
enforcement for ending The Pirate Bay’s accessory to and Paramount. According to the Pirate Bay blog, this
copyright infringement that had not stopped despite the caused a downtime of 3 hours,[95] however some users
court order in April, and in the complaint listed several were unable to access the site immediately following the
pages of works being shared with the help of the site. The relocation due to unrelated technical difficulties. The site
suit was joined by several major film companies on 30 Ju- was fully operational again for everyone within 24
ly.[74][75] The Stockholm district court ruled on 21 August hours.[96]
that Black Internet must stop making available the spe- On 6 October 2009, one of the IP transit providers
cific works mentioned in the judgment, or face a 500,000 to The Pirate Bay blocked all Pirate Bay traffic causing
SEK fine.[76] The company was notified of the order on an outage for most users around the world.[97] On 6 Oc-
24 August, and they complied with it on the same day by tober 2009, the site was back online at an IP address
disconnecting The Pirate Bay.[77] Computer Sweden not- at CyberBunker, located in the Netherlands.[98] It is not
5
From Wikipedia, the free encyclopedia The Pirate Bay
known whether The Pirate Bay is actually located at Cy-
berBunker or whether they are using the CyberBunker
service that routes Cyberbunker IP addresses to any dat-
acenter around the world. These routes are not visible
from the outside world.
CyberBunker was given a court injunction on 17 May
2010, taking the site offline only briefly;[9] later that day,
hosting was restored by Sweden’s Piratpartiet (The Pirate
Party).[99][100] Former spokesman for the Pirate Bay,
Peter Sunde, commented that it would now be very diffi-
cult to stop the site because it would now be seen as po-
litical censorship if anyone tries to shut it down.[101]
On 8 July 2010, a group of Argentinean hackers gained
access to The Pirate Bay’s administration panel through
a security breach via the backend of The Pirate Bay web-
site. They were able to delete torrents and expose users’
IP-addresses, emails and MD5-hashed passwords. The Pi-
rate Bay was taken offline for upgrades. Users visiting
the website were met by the following message: "Upgrad-
ing some stuff, database is in use for backups, soon back
again. Btw, it’s nice weather outside I think."[102][103][104]
Projects
Political cartoon criticizing the entertainment industry on the
main page of TPB
The team behind The Pirate Bay has worked on several
websites of varying degrees of permanence. In 2007,
BayImg, an image hosting website similar to TinyPic went
"Jubilee!" – on the homepage 31 January 2008[105] online in June.[106][107] Pre-publication images posted to
BayImg became part of a legal battle when Conde Nast’s
network was later allegedly hacked.[108][109] In August,
The Pirate Bay relaunched the BitTorrent website
Suprnova.org to perform the same functions as The Pi-
rate Bay, with different torrent trackers, but the site lan-
guished; the domain was returned to its original owner
in August 2010, and it now redirects to Torrentf-
reak.tv.[110][111] Suprbay.org was introduced in August as
the official forum for ThePirateBay.org and the various
sites connected to it. Users can request reseeding of tor-
rents, or report malware within torrent files or illegal
material on ThePirateBay.org.[112][113] SlopsBox, a dispos-
able e-mail address anti-spam service, appeared in De-
cember,[114][115] and was reviewed in 2009.[116][117] BOiNK
was announced in October in response to the raid on
Oink’s Pink Palace, a music-oriented BitTorrent web-
site.[118] A month later Sunde canceled BOiNK, citing the
A contest by Project Chanology advertised at The Pirate Bay in many new music websites created since the downfall of
December 2009 OiNK.[119]
6
From Wikipedia, the free encyclopedia The Pirate Bay
In 2008 Baywords was launched as a free blogging ser- from The Pirate Bay website by 18 November 2011 with
vice that lets users of the site blog about anything as long the threat of a 100 000 € fine.
as it does not break any Swedish laws.[120] In December,
The Pirate Bay resurrected ShareReactor as a combined Germany
eD2k and BitTorrent site.[121] The same month, the Vio On 13 May 2010, the Hamburg District Court ordered an
mobile video converter was released, designed to convert injunction against CB3Rob Ltd & Co KG (Cyberbunker)
video files for playback on mobile devices such as iPhone, and its operator, Mr. Sven Olaf Kamphuis, restraining
BlackBerry, Android, many Nokia and Windows Mobile them from connecting The Pirate Bay site to the Inter-
devices.[122] net.[139] The injunction application was brought by the
In 2009, Pastebay, a note sharing service[123] similar Motion Picture Association’s member companies.
to Pastebin, was made available to the public as of 23
March.[124][125] The Video Bay video streaming/sharing Greece
site was announced in June to be "The YouTube Killer",
In Greece, from 15 February 2010 until late March 2010,
with content viewable in HTML 5-capable
Land Internet Service Provider Tellas/WIND Hellas
browsers.[126][127] The site was in an "Extreme Beta"
blocked the site,[140] as a side effect of blocking applied
phase; a message on the homepage instructed the user
in Italy, since apparently traffic is routed via the sister
"don’t expect anything to work at all".[128] As of 6
network Wind Italy servers. Unlike in Italy, in Greece it is
September 2011 (2011 -09-06), The Video Bay is currently
not required by law for ISPs to restrict access to The Pi-
offline.
rate Bay. Tellas/WIND Hellas managed to circumvent the
On 18 April 2011, Pirate Bay temporarily changed its
problem as of 19 March 2010 so that access through the
name to "Research Bay" to aid P2P researchers of the Cy-
ISP is granted to their users, as well as to the rest of Greek
bernorms group [129]
internet users. Nevertheless, sometimes Tellas users still
can’t load the whole page or can’t load the page at all.[ci-
Blocking tation needed]
Denmark Ireland
On 5 February 2008, the district court of Frederiksberg, In January 2009, Irish ISP Eircom, Ireland’s most popular
Copenhagen ruled that one of Denmark’s largest ISPs, internet provider, was taken to court by the four large
DMT2-Tele2, was assisting its customers in copyright in- music labels EMI, Sony, Universal Music Group and
fringement by allowing the use of The Pirate Bay, and Warner Music Group in order to have the ISP monitor
that they were to block access to the site.[130][131] its customers and spot illegal file sharing.[141] After eight
Although the ISP had decided to challenge the verdict court days, the parties reached a settlement to introduce
with support from the Danish Telecommunication Indus- a three strikes policy to disconnect customers involved
tries Association, they complied with it and blocked ac- in copyright infringing activity.[142] The Irish Recorded
cess to The Pirate Bay.[132] The Pirate Bay reacted by cre- Music Association continues to negotiate with other ISPs
ating an alternate site with instructions on how to work for a similar agreement.[143] On 21 February 2009, Eircom
around the block,[131] while the IFPI welcomed the block however declared that access to The Pirate Bay would
and encouraged other ISPs to follow suit.[133] The ver- soon be blocked altogether,[144] but retracted that on 24
dict was affirmed in the Eastern High Court of Denmark February 2009, stating that they would not block without
on 26 November 2008.[134][135] Following the court’s de- a court order.[141] Eircom reversed themselves again on
cision, TDC, Denmark’s largest ISP and owner of most of 20 August 2009, announcing that they would block the
the cables, decided to block access to The Pirate Bay as website starting in September.[145][146] As of 1 September
a preventive measure.[136] Other Danish ISPs have com- 2009 Eircom blocked access to The Pirate Bay, though it
mented that they would prefer not to intervene in their is still accessible via proxy servers, and still accessible in
customers’ communication, but have reluctantly put the Ireland to subscribers of other ISP companies.
block in effect in order to avoid fines.[137] Tele2’s owner In a judgment given by Irish High Court Justice Peter
Telenor in turn appealed the high court verdict to the Charleton, on April 16, 2010, ruled that the three strikes
Supreme Court of Denmark, which in April 2009 accepted policy was legal and described the Pirate Bay as a "a site
the case for processing.[138] dedicated, on a weird ideological basis, to basically steal-
ing the copyright owned by the plaintiffs in mainly mu-
Finland sical works."[147] Following the ruling, the judge was sub-
On 26 October 2011, the district court of Helsinki ruled jected to threats that his life would be "wrecked by com-
that Elisa Oyj, one of the major internet service providers puter".[148][149]
in Finland, must cease to provide copyrighted material
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From Wikipedia, the free encyclopedia The Pirate Bay
In April 2011 the European Court of Justice ruled that Netherlands
no ISP can be required to filter the Internet, and particu-
On 21 July 2009, the Amsterdam district court held a pre-
larly not to enforce the copyright monopoly.[150]
liminary injunction hearing against the persons thought
As of December 2011, a ruling against Eircom’s ‘three
responsible for The Pirate Bay. The hearing followed a
strikes’ anti-online piracy system was passed due to pri-
subpoena from the Dutch record industry trade associa-
vacy concerns with collecting of IP’s [151]
tion BREIN, who had an urgent complaint of intermedi-
As of 29 December 2011, The Pirate Bay is accessible
ary copyright infringement. The defendants did not at-
to Eircom broadband users. The block as of this date has
tend the hearing and hadn’t arranged representation, so
been removed.
on 30 July 2009 the court entered an in absentia default
judgment against them, accepting the complainants de-
Italy mands. It ruled that Neij, Kolmisoppi and Warg are "to
In mid 2008, following the criminal charges raised in stop and keep stopped the infringements on copyright
Sweden, the Italian Federation against Musical Piracy in and related rights of Stichting Brein (foundation Brain)
Milan requested action in Italy. The deputy public pros- in the Netherlands" within 9 August 2009, or face daily
ecutor pursued the complaint in the Bergamo Court for penalties of EUR 30,000, up to a maximum total of EUR
Preliminary Investigations, which on 1 August 2008 de- 3,000,000. They were also ordered to pay the cost of the
creed to block access from Italian ISPs to all Pirate Bay proceedings.[164][165][166][167] In a separate case handled
addresses.[152][153] The ruling was based on prevention of at the same time, the court ordered the same fines for
copyright violations by the site’s users in Italian territo- the expected new owner of The Pirate Bay, Global Gam-
ry.[154] Once the block had been put in effect, The Pirate ing Factory X, were it not to stop the copyright infringe-
Bay responded on 10 August 2008 by posting instructions ments after the site’s takeover.[168] According to BREIN
to work around the block and later by creating a sepa- director Tim Kuik, it is the first time a foreign website has
rate site for Italians, but shortly afterwards the ISPs also been ordered to block access from the Netherlands.[169]
blocked the alternate site.[155] Some ISPs had implement- The BREIN however waived the payment of damages for
ed the block by redirecting The Pirate Bay traffic to a site August and allowed the site to stay online until its ex-
owned by the IFPI.[156] Italian security expert Matteo Flo- pected change of owners at the end of August
ra suggested that by having the page redirected this way, 2009.[170][171]
IFPI could access Italian users’ cookies and imperson- On 2 October 2009, The Pirate Bay’s hosting services
ate them on the official The Pirate Bay website.[157] Two moved to Ukraine and their traffic was routed through
Italian IT lawyers Giovanni Battista Gallus and Francesco The Netherlands, but BREIN contacted the ISP NForce
Micozzi together with forensics expert Matteo Flora ap- and service was stopped. In return, The Pirate Bay moved
pealed to the Bergamo court, which reviewed the case their hosting location to a nuclear bunker owned by Cy-
and on 24 September 2008 quashed the original rul- berBunker just outside Kloetinge in the south of the
ing.[158] The decision lifting the block was based on the Netherlands.[98]
applicability of the "preventive seizure" section of the
Italian Code of Criminal Procedure, which cannot force Norway
actions on parties unrelated to the potential offence (ISPs
Asker and Bærum District Court rejected demands from
to filter users’ traffic).[154] With the April 2009 verdict
the recording artists’ copyright organisation TONO
in Sweden as a precedent, the Bergamo prosecutor ap-
against Norway’s largest internet provider, Telenor, to
pealed the Italian ruling in the Supreme Court of Cassa-
have The Pirate Bay blocked. In a court ruling on 6
tion to reinstate the block.[159][160] In September 2009,
November 2009 the court stated that in today’s society it
the Supreme Court annulled the decision to overturn the
would be unnatural to demand of a private company that
block, and the case was again reviewed in the Bergamo
it should make judgments on whether a website complied
court.[161] On 8 February 2010, the web site has been
with the law, since making such judgments is considered
blocked again by the Italian Supreme Court.[162]
the responsibility of the authorities.[172][173]
Malaysia People’s Republic of China
In June 2011, the Malaysian Communications and Mul-
The site was blocked for a short time in November 2008
timedia Commission ordered the blocking of The Pirate
in the PRC with other BitTorrent sites,[174] and as of fall
Bay along with several other file-hosting websites via a
2011 remains inaccessible from mainland China while not
letter, dated 30 May, to all Malaysian ISPs for violating
being blocked in Hong Kong or Macau.
Section 41 of the Copyright Act 1987, which deals with pi-
rated content.[163]
8
From Wikipedia, the free encyclopedia The Pirate Bay
Sweden The Antwerp Commercial Court decided that neither
ISP would have to block TPB and went on to describe
In May 2010, The Pirate Bay’s Swedish internet service
the notion of wholesale site blocking as “disproportion-
provider lost an appeal against an order to stop providing
ate”.[179]
service to the site. Although the service provider had al-
The ISPs said it wasn’t their position to decide which
ready complied with an earlier order in August 2009 and
sites can and can not be accessed by their users. BAF ac-
The Pirate Bay was thereafter hosted elsewhere, in June
cused them of providing a safe-haven to The Pirate Bay
2010 the ISP chose also to block their customers from
and filed an appeal. The Antwerp Court of Appeal over-
accessing The Pirate Bay in its new location. One of the
ruled the decision of the Commercial Court and has or-
judges in the case later commented that the court’s order
dered Belgacom and Telenet to initiate DNS blockades of
didn’t require the ISP to control their customers’ access
11 domains connected to The Pirate Bay within 14 days
to the site, but the ISP wanted to avoid any risk.[87]
or face fines.[179]
A Pirate Bay spokesperson told that this measure will
United Kingdom only have the opposite effect, as there are many ways to
In the UK, The Pirate Bay is blocked by default by BT Mo- circumvent it. “This will just give us more traffic, as al-
bile Broadband and other mobile broadband providers, ways. Thanks for the free advertising.”[180]
as part of a system that blocks access to sites considered The court order has a limitative list of domain names
to be "over 18" status, implying the block is because it to block, which all include ’www.’. The equivalent URLs
has pornographic torrents, not because of copyright in- without ’www.’ are also blocked by ISPs who want to
fringement. Customers can remove the block by contact- comply with the "spirit of the law" even though the court
ing their ISP.[175] order doesn’t specify that.[179][181][182]
NURPA, a nonprofit Belgian advocacy group which
Facebook promotes and protects digital rights, freedom of expres-
After The Pirate Bay introduced a feature in March 2009 sion, privacy and civil liberties, condemn the decision:
to easily share links to torrents on the popular social net- “The decision of the Antwerp Court of Appeal in the case
working site Facebook, Wired found in May that Face- against Belgacom BAF / Telenet sets a dangerous prece-
book had started blocking the links. On further inspec- dent for blocking of content by Internet service
tion, they discovered that all messages containing links providers in Belgium. It is incompatible with the doctrine
to The Pirate Bay in both public and in private messages, of proportionality advocated by the European Court of
regardless of content, were being blocked. Electronic Human Rights,” says Loconte.[183]
Frontier Foundation lawyers commented that Facebook By imposing a site-wide blockade, Loconte says the
might be working against the US Electronic Communi- Court of Appeal has disproportionately censored all con-
cations Privacy Act by intercepting user messages, but tent indexed by the site, including legitimately available
Facebook chief privacy officer Chris Kelly said that they material.[183]
have the right to use blocks on links where there is a On Oct 5th, The Pirate Bay registered the domain
"demonstrated disregard for intellectual property name depiraatbaai.be, allowing Belgian users to access
rights," following users’ agreement on their terms of ser- the site again, even without using alternative dns
vice. Links to other similar sites have not been providers, proving the limits of the court ruling already
blocked.[176][177][178] described by the defendants in their arguments to the
court.[184]
Belgium
A court has overturned a 2010 ruling which said that In media
blocking The Pirate Bay at the ISP level was “dispropor-
The Pirate Bay is featured in Steal This Film (2006), a doc-
tionate”. The Antwerp Court of Appeal sided with the
Belgian Anti-Piracy Federation in their quest to force two umentary series about society and filesharing, produced
ISPs to block subscriber access to TPB. Belgacom and Te- by The League of Noble Peers and also in the Danish Doc-
lenet must implement a DNS blockade of the site within umentary Good Copy Bad Copy, which explores the issues
14 days or face fines.[179] surrounding file copyright. The Pirate Bay has been a
After the founders of The Pirate Bay lost their 2009 topic on the US-syndicated NPR radio show On The Me-
trial, the Belgian Anti-Piracy Foundation (BAF) began dia.[185][186]
pushing two ISPs – Belgacom and Telenet – to block sub- Björn Ulvaeus, former member of the Swedish pop
scriber access to the famous torrent site.[179] music group ABBA, criticised copyright infringing activ-
After year-long negotiations between the trio broke ities of The Pirate Bay supporters as "lazy and
down, legal action was the inevitable outcome and in July mean".[187][188] In contrast, Brazilian bestselling author
2010 their first battle came to a conclusion.[179] Paulo Coelho has embraced free sharing online. Coelho
supports The Pirate Bay and offered to be a witness in the
9
From Wikipedia, the free encyclopedia The Pirate Bay
2009 trial. He accounts much of his growing sales to his votes[200] and two seats in 2009 European Parliament
work shared on the Internet and comments that "a per- election,[201] the NGO Piratbyrån, and the BitTorrent
son who does not share is not only selfish, but bitter and tracker The Pirate Bay. Of these three, Piratbyrån and
alone."[189][190][191] The Pirate Bay share a common history but are now sepa-
rate. Even though the Pirate Party started hosting The Pi-
Trial rate Bay on 18 May 2010,[202] the Pirate Party developed
on a completely separate though parallel track and is un-
Main article: The Pirate Bay trial related to the other two.
The Pirate Bay trial was a joint criminal and civil pros-
ecution in Sweden of four individuals charged for pro-
moting the copyright infringement of others with The Pi-
Failed acquisition
rate Bay site.[192][193] The criminal charges were support- On 30 June 2009 Swedish advertising company Global
ed by a consortium of intellectual rights holders led by Gaming Factory X AB announced their intention to buy
the International Federation of the Phonographic Indus- the site for SEK 60 million (approximately $8.5 million
try IFPI, who filed individual civil compensation claims USD) (30m SEK in cash, 30m SEK in GGF stock).[203][204]
against the owners of The Pirate Bay.[194] The Pirate Bay founders stated that the profits from
Swedish prosecutors filed charges on 31 January 2008 the sale would be placed in an offshore account where it
against Fredrik Neij, Gottfrid Svartholm, and Peter would be used to fund projects pertaining to ’freedom of
Sunde; and Carl Lundström, a Swedish businessman who speech, freedom of information, and the openness of the
through his businesses sold services to the site. The pros- Internet’.[203][204][205][206] Assurances were made that
ecutor claimed the four worked together to administer, "no personal data will be transferred in the eventual sale
host, and develop the site and thereby facilitated other (since no personal data is kept)."[207] Global Gaming Chief
people’s breach of copyright law. Some 34 cases of copy- Executive Hans Pandeya commented on the site’s future
right infringements were originally listed, of which 21 by saying "We would like to introduce models which en-
were related to music files, 9 to movies, and 4 to tail that content providers and copyright owners get paid
games.[193] One case involving music files was later for content that is downloaded via the site," and an-
dropped by the copyright holder who made the file avail- nounced that users would be charged a monthly fee for
able again on The Pirate Bay site. In addition, claims for access to The Pirate Bay.
damages of 117 million kronor (US$13 million, €12.5 mil- Global Gaming Factory’s letter of intent expired at
lion) were filed.[195] The case was decided jointly by a the end of September 2009, without the transaction hav-
judge, who was a member of several pro-copyright or- ing taken place. This may be due to the company’s cur-
ganisations, and three appointed laymen.[196][197] rent financial difficulties. PC World magazine regarded
The trial started on 16 February 2009 in the district the deal’s future as "doomed".[208]
court (tingsrätt) of Stockholm, Sweden. The hearings end-
ed on 3 March 2009 and the verdict was announced at
11:00 AM on Friday 17 April 2009: Peter Sunde, Fredrik
See also
Neij, Gottfrid Svartholm and Carl Lundström were all • Comparison of BitTorrent sites
found guilty and sentenced to serve one year in prison • IPREDator
and pay a fine of 30 million Swedish krona (app. €2.7 mil- • Kazaa
lion or USD 3.5 million). All of the defendants appealed • TPB-AFK
the verdict.
The appeal trial concluded on 15 October 2010 [198]
and the verdict was announced on 26 November. The ap-
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(PDF). SVT.se. 30 November 2005. http://svt.se/ With English subtitles.
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