In August, Dutch anti-piracy outfit BREIN won its case against The Pirate Bay, and the court ordered the defendants to block access to Dutch visitors. The case was appealed today and rightly so. It appears that the evidence presented by BREIN was faked in an attempt to mislead the court.

In an attempt to take The Pirate Bay offline, BREIN took three of the tracker’s ‘founders’ to court. BREIN won the case and Fredrik, Gottfrid and Peter were ordered to block Dutch users within 10 days or face thousands of euros each day in penalties.

After the verdict was made public, the three defendants immediately announced they would appeal.

Lawyer Ernst-Jan Louwers represented the Pirate Bay defendants in the appeal today, and he revealed that BREIN brought in documents that are apparently faked in an attempt to mislead the court.

BREIN submitted a report on Reservella to the court. Reservella is the company that planned to sell The Pirate Bay to Global Gaming Factory, and according to the report that was apparently written by UK company Experian, one of the Pirate Bay founders is the company’s CEO.

However, the defendants lawyer presented several facts that showed that the report is not what it claims to be.

“The report is an attempt to mislead the Court,” Louwers said, adding that the Court should reject it since it’s “fake, deceptive and completely unreliable.”

The lawyer went on to argue that the anti-piracy outfit is merely trying to save face, and that BREIN will do all it can to succeed in their crusade against the three defendants. He then goes through a list of several points that show why the evidence is fabricated.

First of all, the Experian report on Reservella seems to have copied the Whois data of the Pirate Bay domain. It lists defendant Fredrik Neij as the CEO and the formation date for the company is identical to the date when the domain was registered.

This makes no sense, as Reservella was founded less than a year ago according to official information from the Seychelles Government, and Neij is not linked to the company as the report claims.

If that isn’t enough already, the company ID number as reported in the document is incorrect, and the claims that Fredrik Neij is a citizen of the Seychelles are even more absurd.

Former Pirate Bay spokesman Peter Sunde is outraged by BREIN’s attempt to cheat their way into a victory, and will press charges against BREIN and its director Tim Kuik.

“I consider what they have done as criminal. Much more severe than any ‘aiding with potential copyright infringement’ could ever be,” he writes, adding “Maybe then we can finally have the real criminals shut down and put in jail!”

In his writeup Peter himself sums up various other points showing that the document is apparently false.

All in all there seems to be clear evidence that the report is highly inaccurate. Even if all the errors can be attributed to the research company, BREIN should have known better since they have been tracking The Pirate Bay’s every move for years.

Developing story…