In an attempt to convert The Pirate Bay into a site with a seal of approval from the entertainment industry, Global Gaming Factory (GGF) said it will install a torrent removal/approval system. However, the Dutch anti-piracy outfit BREIN said today that GGF has to come up with a better plan if they want to avoid legal issues.

When GGF has acquired The Pirate Bay they will give copyright holders the chance to remove infringing torrents, or approve them to be published on the site. With this move they hope to avoid conflicts with the entertainment industry, but this might not go as smoothly as they might have hoped.

GGF’s proposed notice and takedown is in fact not very different from those operated already by sites such as Mininova. What they add is the option for copyright holders to keep their content on the site and get paid for it. Plus, the users have to pay a monthly fee to use the site.

As one of our commenters put it yesterday: “Cool, a paid private tracker without dedicated servers or seed-ratio enforcement, and with arbitrary censorship.”

And the users of the site are not the only ones who are complaining. In response to GGF’s plans, Dutch anti-piracy outfit BREIN, that acts on behalf of the music, movie and gaming industries, issued a press release today in which they argue that the plans for the new Pirate Bay are not sufficient to please the copyright holders.

“In the proposed system the right holder must detect illegal content on the website and remove it. That is insufficient,” BREIN director Tim Kuik says. “This sort of Notice and Take Down system works in case of incidental infringement but not for the structural infringement that happens at The Pirate Bay.”

“The point is that The Pirate Bay is responsible for what happens on the site. They must keep preventive supervision and take care that no illegal torrents become available on the site. The site provides access to content which to an important and even overwhelming extent is illegal,” Kuik continued.

“So they can not assume that there is permission and leave it up to the right holders to check continuously for infringements. It is their site, their business and so their job to clean it up and keep it clean”, Kuik added, demanding a stricter removal system.

BREIN’s response makes sense from their perspective, since they have a pending court case in which they demand a proactive content removal system from the Dutch-based torrent site Mininova, who already have quite an elaborate content removal system in place.

GGF’s CEO was contacted for a comment on BREIN’s response, and we will add that to the article once it comes in. It is clear though that not all copyright holders are wildly enthusiastic about the plans for the new Pirate Bay.