Court Goes Censorship Crazy Against Dutch Pirate Party

from the whac-whac-whac-a-mole dept

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.
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Filed Under: brein, censorship, netherlands, proxy, the hague, whac-a-mole
Companies: the pirate bay

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  1. icon
    Cerberus (profile), 12 May 2012 @ 10:30am

    Re: Re: Same judge as in FTD case

    The problem is that patent lawyers, judges, the whole sub-profession all know each other. They are not actually corrupt in the conventional sense (I'm convinced no money exchanged hands), but people get pulled into the same perspective on things if they hang out together too much in congresses, workshops, etc.

    The fact that the judge and the lawyer taught in the same course organised by the Dutch Bar Association is not very remarkable, and the fees that the Association receives from participants (€ 925) most probably stays there; I expect the lecturers to get paid by the hour. It should not be considered a commercial operation, certainly not a "business", however much I agree with Mr Falkvinge in general.

    However, this judge is known for low-quality judgements and overextending copyright laws: he ruled that downloading was illegal in a certain case, based on some British jurisprudence, which is not at all relevant: downloading is and has always been legal in the Netherlands. So this guy has to go, even though there are no signs of corruption; that's why, knowing this, the Pirates' lawyers did not try to have the judge recused.

    As to what will happen, I expect this to be overturned by a higher court, if the Pirates appeal. They really should.

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