In 2008 a Danish court ruled in favor of the IFPI, and ordered the ISP Tele2/Telenor to block all access to The Pirate Bay. Now a petition from the ISP against the decision has been accepted, which will see the appeal go Supreme Court.

A Danish appeals body has accepted a petition from Telenor to take a High Court decision ordering it to block The Pirate Bay, to the Supreme Court.

“We are pleased that we now have the opportunity to find out whether it is Internet Service Providers responsibility to ensure the closure of a website,” said Telenor’s regulatory chief Nicholai Kramer Pfeiffer.

Referring to the court’s decision last year ordering it to block the world’s largest tracker, Pfeiffer added, “We have always been highly skeptical when we receive subpoenas in this type of case.”

Pfeiffer told Computerworld that he believes taking the case to the Supreme Court will result in a clearer picture for those dealing with these types of cases (blocking sites) in the future. “We seek a clarification of whether we have a responsibility to help the stuff flowing through our networks, as we have no commercial interest in the individual sites,” said Pfeiffer.

Pfeiffer also said that it makes “good sense” to get as close as possible to the source of a problem. Indeed, if the Swedish authorities could close down The Pirate Bay, then there would be no need for Telenor to block anything at all, since there would be nothing to block.

Earlier this year Pirate Bay’s Peter Sunde told TorrentFreak that they are seriously considering suing the IFPI for unfair competition. “They have had a monopoly on distribution and we’re breaking that monopoly, and in turn they sue people that allow access to our distribution method,” he told us at the time.

The IFPI is not scared of yet another confrontation. “Peter Sunde is welcome to sue us,” Jesper Bay, the head of the Danish IFPI said when the news was announced. Ironically, one of the websites explaining how to get around the Danish blockade carries Jesper Bay’s name.