Danish Enforcement Court: Close off the Pirate Bay
Copenhagen, 4th February 2008
A Danish enforcement court has ordered the ISP DMT2 to close off its users’ connection to The Pirate Bay, a service that facilitates access to pirated music, film and other copyright infringing content.
DMT2 has now complied with the Enforcement Court of Frederiksberg’s order and other Danish ISPs are expected to voluntarily follow its lead, as they did after a similar ruling ordering Tele2 to cut off users’ access to the unlawful Russian website allofmp3.com last year.
Jakob Plesner, attorney of the record companies’ industry body IFPI Denmark and the video industry’s organisation FDV, says: “We are happy with the order of the enforcement court. It lays down once more that ISPs have an obligation to prevent their subscribers’ access to services that contribute to piracy.”
The Pirate Bay assists users in finding illegal copies of music, films, books and games through the thousands of links that it provides access to.
Jakob Plesner adds: “The court has now established this is just as unlawful as to offer the illegal files yourself.”
Henrik Daldorph, chairman of IFPI Denmark and managing director of SonyBMG, says: “The decision of the enforcement court decision comes immediately after the publication of IFPI’s Digital Music Report 2008, which emphasises the need for the ISPs to take their share of responsibility for the legal music offered on their networks.
“This ruling is a broad message that calls on ISPs to make an effort against internet piracy. We have noted with satisfaction that DMT2 has reacted positively to the order of the enforcement court and we will now inform the other ISPs about this judicial decision. We once again invite the ISPs to engage in a dialogue with the industries that deliver the content on which their broadband services have been marketed since their beginning. It should be in everybody’s interest to come to a voluntary agreement so we may avoid further legal cases.”
ISP responsibility was one of the major topics of conversation at last week’s Midem music industry conference. The French government has recently moved a motion that the ISPs must be obliged to send out warnings to the users, who use the internet to download copyright infringing music, film and other illegal content and to disconnect internet access for those who will not heed such warnings.
Paul McGuinness, U2’s manager, was one of those to support the French proposal. He criticised the ISPs in his speech at Midem for having earned billions from the music industry by selling increasingly faster broadband connections to users, who for the larger part have used them for sharing music and films, without giving the content owners a share of their earnings.
Jesper Bay, IFPI Denmark’s marketing director, says: “It was invigorating to hear one of the world’s most respected industry figures make such a clear a statement of support for what we have been saying for a long time - that the ISPs have a responsibility for what happens on their networks. It is hard to understand that ISPs do not themselves feel called upon to clear up the tangle of illegal activities they provide a network for. It is particularly hard to understand because several of them are themselves are engaged in establishing exciting new legal alternatives to the piracy in the form of well-run online music shops and subscription services. The problem is that legitimate music services are very difficult to operate as long as piracy prevails at its present level.”
On Thursday, 31st January 2008 the Swedish prosecution service instituted legal proceedings against four men behind The Pirate Bay for contributing to the violation of Swedish copyright law. It was the result of the police’s seizure of servers and other material from The Pirate Bay in a raid on 31st May 2006.
Facts about the Pirate Bay:
Jesper Bay Larsen, IFPI Denmark
Tel: +45 327 12080