[pp.int.general] [Copyright] Pirate Bay

Tonnerre Lombard tonnerre at ffii.ch
Fri May 1 13:36:49 CEST 2009

Salut, Reinier,

On Mon, 20 Apr 2009 14:27:29 +0200, Reinier Bakels wrote:
> * downloading is not illegal in most European countries

In Switzerland, the judgment of the parliament in the copyright debate
was that it is impossible for a consumer to judge if a given offer was
legal or illegal, so downloading remains possible.

Note however that this is not what is being debated here; the piratebay
people are being accused of offering the content, which would be
illegal. However, this is not what they're doing; they are offering
files containing instructions on how to retrieve the content, which
basically makes them a service provider like your ISP. As such, they
should be expected to behave neutrally.

Note that this also does not make them responsible for removing
infringing content; they do not offer content. Following the net
neutrality principle, they would be expected not to censor it.

But even if one saw them as a content provider, they are still serving
content on behalf of their users. This would mean that they would only
be liable to inspect the content if they receive a notification that it
is illegal. (Possibly even only if a preliminary injunction is filed.)

I have no idea how this defense could have been dismissed by the court.


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