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Posted by on Oct 25, 2012 in Internet |

Dutch Hosting pays for damage from a torrent site

Dutch Hosting pays for damage from a torrent site

In the Netherlands, a court ruled that the provider XS Networks will pay for damage caused by copyright, a site that was hosted on this service.

The case was brought by anti-piracy group BREIN, who for years had tried to find the people behind SumoTorrent. After spending some time in the Netherlands hosted the hosting site changed to Canada to escape the jurisdiction of BREIN, but then again as a client of XS Networks.

The organization then asked the company close SumoTorrent and deliver the personal details of the owners – without a warrant – to what XS Networks refused, indicating that the data handed over only if there was a legal document that asked.

Finally, SumoTorrent and XS Networks reached an agreement and voluntarily surrendered data, not before the change torrent site hosting provider to a company in Ukraine. After the data BREIN discovered he had been given were false.

So, BREIN accused XS Networks to help “escape” SumoTorrent, and sued the company for a year of damage, claiming that the company acted negligently when he refused to lower the site when the organization asked. And a court in Hague court found him reason to the organization.

According to the ruling, clearly SumoTorrent facilitated copyright infringement, noting that XS Networks should have removed the site when it asked BREIN. “Illegal characteristics SumoTorrent activities were evident. Moreover, were obvious to XS Networks, or should have been, “says the verdict.

Thus, the company must pay 1,000 euros for legal costs, plus a fine for infringing content that is shared through SumoTorrent. The company also must provide private information you have about SumoTorrent owners or pay 10,000 euros per day are late in delivering it.

The result of this demand is relevant for all hosting providers. According to the ruling, an organization of copyright anyone can go and ask to get off a site because they say it violates the copyright, then it should be the hosting company to investigate whether the request is legitimate or not. That is, the hosting company should determine whether a site “facilitates copyright infringement”, and not a court of law.

BREIN could order the closure of any site they please, and also ask the private data of the owners of the web. A dangerous precedent.

Link: Torrent site webhost ordered to pay “piracy” damages (TorrentFreak)

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