Pirate Bay Blockade Dismissed By Icelandic Supreme Court
#1
[Image: tpb-logo.jpg]Following in the footsteps of copyright groups around Europe, last year representatives of the music and movie industry in Iceland decided to take action against The Pirate Bay.

Several copyright groups, including the local RIAA equivalent ‘STEF’ and MPAA equivalent ‘SMAIS’, filed a complaint with the police last October. Their aim was to obtain an injunction compelling local Internet service providers to block not only TPB, but also the largest Iceland-focused private BitTorrent tracker, Deildu.net.

“Blocking access to websites that offer a wide range of entertainment without permission of the copyright holders has been proven effective in neighboring countries, and has a strong foundation in EU legislation,” the groups said.

The request for an injunction, filed by four entertainment industry groups against five local ISPs including Vodafone, was initially rejected by a Reykjavík magistrate. As a result the case ended up in the District Court of Reykjavik in March but was dismissed when the Court decided that only music group STEF had the rights to claim injunctive relief.

The case was appealed to the Supreme Court which handed down its decision this week. Affirming the decision of the District Court, the Supreme Court highlighted problems in two key areas.

Firstly, it appears that once the district magistrate rejected the original blocking request, the matter should have been referred to the District Court within a week. It took the entertainment groups twelve days, well outside the requirements prescribed by law.

Furthermore, while the complaint was filed in the names of four organizations, only one was recognized by the Supreme Court as having the right to bring this kind of complaint. While it was agreed that music group STEF has lawful standing to fight in court, the others had only local distribution rights.

“The fact remains that STEF can make these injunction requests. But not all of these groups together,” lawyer Tómas Jónsson told local media.

After the Supreme Court’s rejection the case can now return to the District Court where it’s likely that STEF will continue the process alone. If it succeeds the net result will be no different than if all parties had obtained an injunction.

Whether the Court will subsequently grant a blockade of The Pirate Bay remains to be seen though, as this type of injunction is yet to be tested under Icelandic copyright law.

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#2
[Image: tpb-logo.jpg]In 2013, copyright groups including the local equivalents of the RIAA (STEF) and MPAA (SMAIS) reported the operators of The Pirate Bay to Icelandic police. It had zero negative effect on the site.

So, with a public anti-piracy awareness campaign under their belts, STEF and SMAIS embarked on a strategy successfully employed by copyright holders in the UK, Italy, the Netherlands, Belgium, Denmark and other European countries. The groups issued demands for local ISPs to block not only The Pirate Bay, but also Deildu.net, Iceland’s most popular private torrent tracker.

Modifications to the country’s Copyright Act in 2010 authorized injunctions against intermediaries, so the chances of success seemed good. However, this was Iceland, a country strongly associated with freedom of speech. Could protection of copyrights trump that?

“This action doesn’t go against freedom of expression as it aims to prevent copyright infringement and protect the rights and income of authors, artists and producers,” the rightsholders insisted.

Initial legal action against ISPs faced issues, with one blocking request rejected on a procedural matter. Another featuring four plaintiffs was reduced to three when in May this year the Supreme Court decided that only music group STEF had the rights to claim injunctive relief.

But despite the setbacks, this week the rightsholders achieved the ruling they had been hoping for. The Reykjavík District Court handed down an injunction to ISPs Vodafone and Hringdu forcing them to block several domains belonging to The Pirate Bay and Deildu.

STEF Director of Policy Gudrun Bjork Bjarnadóttir told local media that the decision of the Court is an important event that will smooth the way for much-needed additional blockades.

“We will never reach a final victory in the battle so it makes sense for people to realize that it’s likely that new sites will spring up. However, following similar actions abroad visitor numbers to such sites have declined significantly,” Bjarnadóttir said.

The domains to be blocked include thepiratebay.se, thepiratebay.sx and thepiratebay.org, plus deildu.net and deildu.com. Currently the injunction applies to just two ISPs and it’s unclear whether there will be an attempt at expansion, but in the meantime the effort is likely to be a symbolic one.

The block against The Pirate Bay will be circumvented almost immediately due to the wide range of reverse proxy sites available and Deildu has already taken evasive action of its own. Within hours the private tracker announced a brand new domain – Iceland.pm – one that isn’t listed in the court order.

ISP Hringdu says that the Court ruling runs counter to company policies.

“It is clear that [the ruling] is not in harmony with Hringdu’s policy regarding net freedom,” director Kristinn Pétursson told Vísir. “The company has placed great emphasis on the idea that our customers should have unrestricted access to the internet.”

Neither of the ISPs has yet indicated an appeal to the Supreme Court.

Originally Published: Thu, 16 Oct 2014 09:36:41 +0000
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#3
[Image: tpb-logo.jpg]In common with many countries around Europe, the movie and music industries in Iceland have been working hard to cut down on copyright infringement online. To this end copyright groups including the local equivalents of the RIAA (STEF) and MPAA (SMAIS) have targeted the leader of the usual suspects, the notorious Pirate Bay.

After complaints to the police failed, STEF and SMAIS turned to web-blocking in the hope of achieving similar results to those netted by rightsholders in the UK, Italy, the Netherlands, Belgium and Denmark.

Following setbacks STEF decided to go it alone and earlier this month achieved the result they’d been looking for. The Reykjavík District Court handed down an injunction to ISPs Vodafone and Hringdu forcing them to block several domains belonging to The Pirate Bay and Deildu, a private torrent site popular with locals.

Just two weeks later and it’s now becoming clear that STEF won’t be happy until all of Iceland’s leading ISPs are blocking too.

Earlier this week the rights group demanded responses from ISPs including Sím­inn, Tal and 365 Media as to whether the companies will agree to block Pirate Bay and Deildu in the wake of the Vodafone decision. Threatening legal action, STEF gave the ISPs until Wednesday to respond.

According to local news outlet MBL, 365 Media informed STEF it was willing to at least consider the idea but both Sím­inn and Tal appear to have rejected voluntary blocking, preferring official action through the courts instead.

Sím­inn said that it is not the role of communications companies to decide which sites should be closed and which should remain open so it would need to be presented with a formal injunction in order to block Pirate Bay and Deildu. In broad terms, Tali said the same.

As a result, lawyer Tóm­as Jóns­son says that STEF will now press ahead with its efforts to obtain injunctions against the ISPs that have raised objections. Procedural issues aside, which have dogged previous efforts, it’s likely that sooner or later STEF will achieve its aims.

Finally, there has been a trend recently for under-pressure sites to look at Icelandic hosting and local .IS domains in the belief they offer improved security over those available elsewhere.

While that may indeed be true, Iceland’s domain registry has just canceled an .IS domain that was operated by people with links to Islamic State.

“This is in fact a sad day for IS­NIC. We are very sad over this. It was not an easy de­ci­sion to do this. We had a rep­utaion for never hav­ing sus­pended a do­main name. That is not the re­al­ity any­more. These peo­ple have ru­ined that for us,” said ISNIC director Jens Pé­tur Jensen.

Originally Published: Sat, 25 Oct 2014 08:24:23 +0000
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#4
To quote Gandalf on the bridge of Khazad-dûm: " You shall not pass!".
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