It's really quite ridiculous how much time, money and effort the various arms of the entertainment industry have spent trying to get certain countries to "block" The Pirate Bay. Every single time it happens, it seems to drive up traffic to the site. Those who want to use it don't suddenly decide "gee, now I'm going to start buying what I formerly pirated." They just think "where's a proxy to get to the site" and they find one easily enough because they're everywhere. The industry then goes on a wild goose chase seeking to take them all down which is impossible. So they get a few morale-boosting wins... and everyone still gets to go to The Pirate Bay. Couldn't that time be spent more effectively?

The latest is that, over in the UK, where BPI (the UK equivalent of the RIAA) was threatening to sue the leaders of the UK Pirate Party personally for setting up a proxy, the Party eventually shut it down knowing that the costs of fighting such a legal battle would be extreme and damaging.

But, of course, it's unlikely that actually stopped anyone from reaching TPB, which is available through a variety of other means. In fact, soon after the UK Pirate Party took down its proxy, the Pirate Parties in some other countries put up their own proxies (and, of course, there are tons of general proxies out there). BPI can try to go after these political parties in other countries, or it can demand that ISPs block those proxies also, but more and more will just keep popping up. And none of that will convince a single person to buy something they weren't planning to buy in the first place. It just makes you wonder what they think they're accomplishing.

With the BPI (the UK equivalent of the RIAA) successfully getting access to The Pirate Bay blocked via many UK ISPs, it's apparently turned its quixotic sights to the UK Pirate Party for daring to set up a proxy -- as if there aren't hundreds, if not thousands, of other existing proxies out there, and plenty of ways for people to get to the site if they really want to. And, rather than just threaten legal action against the Pirate Party UK (PPUK), the BPI has lovingly sent threat letters to six members of the PPUK National Executive, suggesting that it is ready to sue each of them personally. The BPI is claiming that it has to do this, since it can't sue the party directly, and apparently takes offense at some claims that this is an attempt to bankrupt the leaders of the PPUK. Of course, that's hogwash. Being threatened with a personal lawsuit -- especially by an organization that represents a group of multinational, multibillion dollar companies -- is, without question, a threat of being bankrupted. The BPI does have another choice: give up this silly game of whac-a-mole, stop trying to censor the internet, and teach its member companies how to adapt with new and smarter business models. But, apparently, it's easier to bankrupt your critics.

We've been covering the attempts by Dutch anti-piracy operator BREIN to play a legal game of whac-a-mole to block The Pirate Bay by forcing ISPs to block access, then blocking proxies that provide access, and now blocking anyone from even talking about ways to get to The Pirate Bay. Bizarrely, a court in The Hague has agreed, and has come out in favor of blocking the Dutch Pirate Party from even discussing some of this stuff:

The Court specifically ruled that the Party’s reverse proxy has to remain offline. It was further ordered that Pirate Bay domains and IP-addresses have to be filtered from the Pirate Party’s generic proxy. In addition the Pirate Party can’t link to other websites that allow the public to bypass the blockade. These orders are only valid when paired with an encouragement to circumvent.

Basically, telling people how to get around a block, even if it's linking to a general proxy (not a specific one) is now barred in the Netherlands. The fact that the court now is telling proxies how they can work is a huge overreach. That seems like a pretty blatant restriction on free speech. The thing is, do the folks at BREIN actually think this charade is effective? All it seems to be doing is enraging tons of people in the Netherlands, and doing absolutely nothing to stop them from going to The Pirate Bay.

This was mostly expected since earlier this year, but the UK's High Court has now ordered a bunch of ISPs to block The Pirate Bay. This is pretty unfortunate, given that we were just talking about how UK-based musician Dan Bull used The Pirate Bay to help him get on the charts. That avenue is about to be closed off to up and coming musicians... all because the legacy recording industry remains too closed-minded to figure out how to adapt and provide consumers what they want. And, of course, the blockade won't even be remotely effective. Lots of people will just use VPNs or proxies to get what they want anyway. Even more ridiculous is that it will hinder perfectly legitimate activity. Just a few weeks ago I was in the UK, and I was doing some research on The Pirate Bay's "Promo Bay." I wouldn't have been able to do that if The Pirate Bay was blocked. I did nothing illegal, and yet the UK courts want to treat it as such. That's sad.

The Dutch anti-piracy group BREIN is somewhat famous for its overreaching efforts. While it succeeded in getting ISPs to block The Pirate Bay's website, it's been going after a bunch of proxy sites that have helped people get around the block. Its latest move may run into some difficulty however. The Dutch Pirate Party has its own proxy offering, and BREIN is demanding they turn it off. The Pirate Party, however, is standing its ground. As TorrentFreak reports:

Last week the local Pirate Party also received a letter from BREIN, demanding the shutdown of their Pirate Bay proxy site hosted at tpb.piratenpartij.nl. However, unlike the site owners that were previously contacted by the group, the Pirate Party is not caving in. They would rather fight the case in court.

Today the Party informed BREIN that the proxy site will stay online. To show that The Pirate Bay can be a useful communication tool the Pirate Party sent the letter through a torrent file, hosted on the BitTorrent site at the center of the dispute.

“The demands are ridiculous,” Pirate Party chairman Dirk Poot told TorrentFreak.

“A private lobbying organization should not be allowed to be the censor of the Dutch internet. We were also amazed to find an ex-parte decision attached, threatening Dutch minors with €1000 per day fines for operating their proxy. If we would have yielded, their trick would immediately be played out against numerous other private citizens.”

The larger point in all of this, of course, is just how completely and utterly useless BREIN's game of whac-a-mole is. There are so many proxy sites out there, and many are used for perfectly legitimate reasons. Trying to block every single one of them is a fool's errand. Those who want to go to TPB will figure out ways to get there.

We've been writing about German music collection society GEMA's bizarre fight against YouTube for a few years now, in which all major music videos are blocked from YouTube in Germany because GEMA is suing YouTube and refuses to even discuss a potential license until the lawsuit is over. As we noted recently, this is even frustrating the labels who feel that GEMA is costing them serious money in not just doing a deal to make videos available. While researching something else on Twitter, I came across this telling tweet, from an individual in Germany talking about how they had to use a Chinese web proxy just to watch a new Sting video, and properly notes just how screwed up the world is when people in Germany are relying on Chinese web proxies just to watch music videos. I'm still trying to figure out what good this does anyone... other than GEMA.

There are so many scary parts to SOPA, it's taking some time to pull out all the pieces. One of the scarier parts of SOPA that isn't found in PROTECT IP, is the addition of a form of an "anti-circumvention" rule, which makes it illegal to try to get around any blockade on the US government's blacklist. Like the DMCA's dreadful anti-circumvention clause, this one is also vague and overly broad -- and would create problems for all sorts of legal services. The EFF is listing out some perfectly legal services that would suddenly be in legal crosshairs:

In this new bill, Hollywood has expanded its censorship ambitions. No longer content to just blacklist entries in the Domain Name System, this version targets software developers and distributors as well. It allows the Attorney General (doing Hollywood or trademark holders' bidding) to go after more or less anyone who provides or offers a product or service that could be used to get around DNS blacklisting orders. This language is clearly aimed at Mozilla, which took a principled stand in refusing to assist the Department of Homeland Security's efforts to censor the domain name system, but we are also concerned that it could affect the open source community, internet innovation, and software freedom more broadly:

• Do you write or distribute VPN, proxy, privacy or anonymization software? You might have to build in a censorship mechanism — or find yourself in a legal fight with the United States Attorney General.
• Even some of the most fundamental and widely used Internet security software, such as SSH, includes built-in proxy functionality. This kind of software is installed on hundreds of millions of computers, and is an indispensable tool for systems administration professionals, but it could easily become a target for censorship orders under the new bill.
• Do you work with or distribute zone files for gTLDs? Want to keep them accurate?  Too bad — Hollywood might argue that if you provide a complete (i.e., uncensored) list, you are illegally helping people bypass SOPA orders. 
• Want to write a client-side DNSSEC resolver that uses multiple servers until it finds a valid signed entry? Again, you could be in a fight with the U.S. Attorney General.

This is how the Great Firewall of China works as well -- by threatening service providers who don't help block with the idea that they might be liable if they don't figure out "some way" to block things. Then everyone scrambles to censor well beyond what is required under the law, just to avoid liability. The end result of this will make the internet significantly less secure. VPN providers will go out of business or be severely limited. This is exactly the opposite of the direction we should be moving in.