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Other Dutch service providers also must block The Pirate Bay

Gepubliceerd op 15/01/2018 om 10:08 | Link
Last Friday ​the district court in the Dutch city of Lelystad  gave the same provisional blocking order as previously the district court in The Hague. KPN, T-mobile, Tele2, Zeelandnet and CAIW must block access to The Pirate Bay within 10 days. The order concerns close to 200 IP-addresses and domains that access the site. Vodafone and Online already complied with the verdict from The Hague against Ziggo and XS4ALL. There is a penalty sum for non-compliance of 10,000 euro plus 2,000 per each further day up to a maximum of 1 million euro.

The service providers also must pay 16,000 euro legal costs to BREIN. Except for KPN because it had agreed to follow the ruling without filing a defense because its subsidiary XS4ALL already had to block. The others filed extensive arguments which already had been rejected by the judge in The Hague. Also their counterclaim concerning risk of overblocking was rejected because BREIN monitors this. Zeelandnet must pay an additional 2,500 euro legal costs because its argument was rejected that it should have been summoned in the province of Zeeland instead of together with the other defendants.

Instead of again summoning the provider before the court of The Hague BREIN had summoned them in Lelystad because that court could hear the case on the only two days that the attorneys of the defendants were available for the next few months. BREIN did not want to wait for months on a provisional blocking.

The provisional blocking runs until the final decision in the full proceedings that is pending before the Dutch Supreme Court. The highest European judge, the Court of Justice of the European Union, already has responded to questions of amongst others Dutch national courts that blocking of a copyright infringing site like The Pirate Bay is allowed.

On February 8th the Advocate General of the Dutch Supreme Court will advise the court how to decide in the pending proceedings on the merits. The court is likely to rule later this year on which conditions blocking is allowed. It may choose to decide the matter itself on the basis of the facts already established or it may refer the case back to the court of appeals to establish the facts again in light of its ruling.

Read the verdict here (in Dutch)



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