Today in a main proceedings that was filed by Stichting BREIN the court in The Hague has ruled that 2 of the largest ISPs in the Netherlands, Ziggo and XS4ALL, will have to block access to The Pirate Bay, they have until the 25th of January to implement this or will face fines of €10,000/day up to a maximum of €250,000.
After this victory BREIN is also trying to get other ISPs to also block The Pirate bay, using the court ruling as leverage. However these will wait to see if XS4ALL and/or Ziggo will appeal, before going through such drastic measures.
The following IP addresses and domain names are ordered to be blocked (Source: Tweakers.net):
Stichting BREIN has also been given permission to supply additional IP addresses and domain names to be added to the blockade, which is worrying as they can be added without any proper review of what is being blocked, however they are held liable if IP addresses or domain names they provide aren’t directing to The Pirate bay.
One thing of particular interest is that Stichting BREIN had to prove that people using XS4ALL and Ziggo as their ISPs are using The Pirate Bay. To do this they sampled 50 movie torrents. This gave them 11,105 IPs exchanging the movies, of which 5,143 Dutch IPs of which in turn 1,477 (28,7%) are Ziggo IPs and 240 (4,7%) are XS4ALL IPs. However it is unclear if this sample provides an accurate average.
Then, to determine how many people using these ISPs have downloaded from The Pirate Bay they extrapolated the results, using data from AdPlanner (Note that it isn’t very that accurate), which estimates the amount of unique visitors from the Netherlands per month at 500,000. This leads to an estimate of 143,500 Ziggo customers and 23,500 XS4ALL customers that supposedly exchange copyrighted material through TPB. Note that they are extrapolating IPs collected from trackers on torrent downloads with website visits, while they are unrelated.
The judge based on this concurred that 30% of Ziggo customers and 4.5% of XS4ALL customers have recently downloaded illegal material from The Pirate Bay. This is crooked because the torrents could’ve come from someplace else, the material isn’t necessarily copyrighted (Free and open source software, and alike). Plus downloading movies and music both aren’t illegal in the Netherlands, which is completely ignored, partially because BREIN asserted that, even though you can disable uploading, no one actually does this.
January the 11th 2012: XS4ALL has officially announced to appeal the court ruling, their CEO stating the court ruling is “Censorship” and that this is “A dark day in internet history”
January the 12th 2012: Ziggo has also officially announced to appeal the ruling.