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Dutch Supreme Court refers Pirate Bay blockade case to Europe
The Supreme Court of the Netherlands is sending a series of questions to the European Court of Justice to decide if by sharing torrent files, The Pirate Bay is violating Europe's copyright directive. The questions concern a court case brought by copyright protection organization Brein against internet service providers Ziggo and XS4ALL.
The Dutch justices want to know if sharing metadata about protected work on users' computers to allow uploading and downloading of material violates the directive, the court published on Friday. If it is not considered a "communication to the public," then the court wants the ECJ to determine if it is even allowable to order the providers to block The Pirate Bay under the European directive's enforcement provision.
A lower court judge in the Netherlands ordered both XS4ALL and Ziggo to prevent Dutch users from accessing The Pirate Bay in early 2012. They complied with the order, but appealed the decision. Four months later, several other providers, including KPN, Tele2, Telfort, T-Mobile and UPC -now merged with Ziggo- began blocking the torrent sharing site after a separate court ruling.
An appellate court ruled in January 2014 that blocking the site did not lead to a reduction in unauthorized file sharing. It determined Ziggo and XS4ALL could reopen connection to The Pirate Bay, and the remaining internet providers eventually followed suit. Brein vowed to appeal.
In Friday's filing, the Supreme Court disagreed with the appellate court's method for testing the effectiveness of the blockade, and did not state its rationale clearly. It later said the court should not have considered the use of proxies to get around the ban, and user use of other torrent sites instead of The Pirate Bay should have been irrelevant to its decision.