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It's no secret that the four horsemen of The Pirate Bay (or formerly of The Pirate Bay, depending on who you believe), have literally escaped justice in the Netherlands. BREIN, the Dutch anti-piracy outfit that has gained in both influence and assertiveness in its operations, has physically handed over the verdict in the Dutch trial against The Pirate Bay. In this case, the defendants never showed up to face the charges against them.
The long running battle between The Pirate Bay and BREIN came to a successful conclusion against the latter earlier this year in June, when an appellate court upheld a previous injunction. In the previous ruling, the courts agreed with BREIN's charge of willful copyright infringement. The court ordered the defendants to block any and all infringing works - failure to do so would cost 50,000 Euros per day ($64,000). In the trial, the Judge overseeing the case did not buy the defenses argument (apparently one of their lawyers turned up) that The Pirate Bay had been sold to a company named Reservella.
BREIN had repeatedly expressed their frustration at The Pirate Bay's lack of attendance, but in a rather humorous turn, BREIN's frontman Tim Kuik tweeted that he found and delivered the verdict personally. In fact, according to BREIN's press release, they have a video to back it up. We've emailed BREIN for access to the alleged video.
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BREIN director hands Dutch verdict to Pirate Bay's Peter Sunde in Vienna
"Just explained new Dutch verdict to Pirate Bay's Peter Sunde in Vienna and handed him a copy of it: stop or pay 50K a day", tweeted BREIN managing director Tim Kuik. "And we have it on film and tape to prove it."
BREIN was awarded the default verdict in its proceedings on the merits against the owners of The Pirate Bay on 16 and 23 June 2010. The three owners -amongst which Peter Sunde- were ordered to make The Pirate Bay inaccessible for users from the Netherlands or pay a penalty of 50,000 euro per day.
However the three are in hiding and hard to find, so when BREIN discovered Sunde was participating in a pubic debate in Vienna on 19 August, it did not hesitate. Sunde was spotted on a terrace near the open air debate venue, where Kuik approached him, explained the content of the verdict and gave him a copy.
"He is aware of the verdict now", says Kuik, “so the terms are running, he has to show up or pay up."
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Date: 2010-08-19 |