While some Dutch ISPs have been ordered by a court to block access to The Pirate Bay (after fighting it in court for years), the order only applied directly to two ISPs: xs4all and Ziggo. BREIN, the local anti-piracy group, had then demanded that other ISPs also start blocking access. However, it appears that KPN and T-Mobile are refusing, saying that they will not do so without a direct court order:

“KPN sees the blocking of websites as a drastic measure for which a court order is required,” KPN said in a statement, adding that innovation is needed to curb piracy.

“KPN doesn’t believe a blockade is the right solution. What is needed are robust, attractive business models that are easy to use and offer a fair deal to both producers and consumers of content.”

T-Mobile also said that it will only respond to court orders, while it emphasized the value of an open Internet.

“T-Mobile strongly supports an open Internet and is fundamentally against shutting off access to websites. Dutch law is very clear when it comes to blocking access to the Internet. T-Mobile will only respond to a court ruling, not to demands from a private party such as BREIN.”

It's good to see that these ISPs are standing up for the right to an open internet. Of course, I do wonder how such block orders work under Netherlands' (first of its kind) net neutrality law.

In the meantime, the two ISPs who were subject to the court order have begun the blockade, with Ziggo pointing users to an information page... in which they tell users that it's easy to get around the blockade.

Although the below image has been circulating the internet as a satirical warning for some time now, Dutch telco KPN recently announced that it's actually going to implement something like this due to declining revenue.

The company stated that starting this summer it will be blocking chat-messaging applications such as WhatsApp (competes with SMS), VoIP services (competes with calls) and heavy streaming services. All these services will get their own price tag, just like what is currently the case with calling and text messaging. The problem with that logic of course is that calling and SMS are actually different services that the telco offers; but in the case of creating pay packages for internet services, probably none of the services are from the telco itself. Some other telcos, such as Vodafone, already stated that it, too, is interested in plans like these (Vodafone is already blocking VoIP and selling access to VoIP services for 5 EUR per month).

Unfortunately for KPN, this plan might actually backfire. The majority of the Dutch parliament has spoken out against the plans and have urged the Minister to protect net neutrality. Currently the Dutch Telecommunications Law does not provide a good safe harbor for net neutrality, but it soon might... because of this. One parliament member who is part of a ruling coalition party even suggested that if telcos are going to charge more for usage, perhaps the tariffs for normal phone calls should be lowered. Sadly, the Minister is less outspoken and has claimed that "mobile internet is really something different than an internet connection at home".

It will be interesting to see what happens next. Will service providers like Wikipedia start charging telcos for "using their content for free?" Will Skype start demanding royalties? As we've said before: "it's a pipedream for [...] some mobile operators, but the likelihood of it actually becoming the norm seems pretty damn low."