News Update Place

The Pirate Bay has decided to fight the decision of an Italian judge after it ordered ISPs to block access to the popular tracker. The blocks didn’t prove particularly effective as traffic from Italy only increased but nevertheless, The Pirate Bay is determined to reverse the decision.

Yesterday, The Pirate Bay filed an appeal against the decree that forced Italian ISPs to block the BitTorrent tracker. Pirate Bay’s lawyers Giovanni Battista Gallus and Francesco Micozzi are convinced that they have a strong case. “The decree can be defined as ‘original’ or ‘creative’ at best” they told TorrentFreak.

The Pirate Bay administrators are accused of making copyrighted material available on the Internet for commercial purposes. Giovanni and Francesco told us that this is a strange accusation, considering the nature of the site. “…even the judge who issued the decree states that no infringing material is hosted on The Pirate Bay, which provides just a tracker search engine,” they told us.

“The judge tries to ‘create’ a sort of contributory infringement accusation against The Pirate Bay,” the lawyers explained. It is alleged that the tracker and the search engine are absolutely necessary for the users to “search and locate the content on single computers”. That’s not all, the judge goes even further by stating that the name of the site, ‘The Pirate Bay’, signals intent to infringe copyright.

The lawyers think that because of the lack of jurisdiction, the block should not have been issued in the first place. They also dispute the claim that The Pirate Bay is distributing copyright infringing material. “We will bring all our arguments before the Tribunal, and we are confident of the Tribunal’s decision,” they said.

In previous articles, we suggested that the IFPI, Pirate Bay’s arch rival, might have had a hand in the block. The reverse DNS of the ‘blocked page’ pointed to IFPI’s servers, although they have changed that now. This is suspicious to say the least, and Pirate Bay’s lawyers told us: “It is clear that this decree has been strongly backed up by FIMI (the Italian IFPI),” citing a press release FIMI published where they applauded the Pirate Bay block.

A Tribunal of three judges will now look into the appeal, and a decision is expected in a few weeks. After that, the decision of the Tribunal can be further appealed by both parties before the Higher Court.

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