This article is more than 6 years old

This article is more than 6 years old

A Dutch court of appeal has overturned a court-ordered block of the infamous Pirate Bay torrent site by internet service providers (ISPs), labelling the practice as “ineffective”.

The block prevented internet users in the Netherlands from accessing the Pirate Bay site directly via a browser.

Two Dutch internet providers, Ziggo and XS4All, took the case to the court of appeals in The Hague. The court reversed the blocking order allowing internet users access to the Pirate Bay without having to resort to the use of proxy servers and other methods circumventing the blockade.



“Victory for the free internet!” proclaimed Niels Huijbregts, spokesman for XS4All in a blog post. “We are very pleased that the court ruled in favour of the freedom of information, protecting a fundamental right of all Dutch citizens.”



Piracy actually increased

The appeal judges ruled that blocking the Pirate Bay at the ISP level had not deterred users from using the BitTorrent network and the illegal downloading of copyrighted content, and had had the opposite effect. The ruling notes that the use of BitTorrent and "magnet" torrent links for piracy had actually increased since the blockade was implemented in 2012.



The court applied case law from the European court of justice, which stated that ISPs should not be forced to take measures like the blockade of the Pirate Bay which was disproportionate or ineffective.



"The court's ruling is detrimental to the development of a legal online market which requires protection against illegal competition," said Tim Kuik director of Dutch anti-piracy group Brein, which won the original blockade court order in 2012 that was overturned by the appeal.



Ineffective and inhibits the free flow of information

Brien has been involved in legal battles with six major ISPs since 2010, including Ziggo and XS4All, in the Netherlands over the blockade of the Pirate Bay. The ISPs have continually argued that the blockade has been ineffective at preventing piracy and that it inhibits the free flow of information.

Brien now has to assume responsibility for the €400,000 legal costs of the trial.



The ruling sets a precedent in the Netherlands, which could have implications across the rest of Europe, in which anti-piracy groups have sought court orders for the blockade of piracy sites against ISPs.



“Like Brien, we are against sharing copyrighted material without permission,” said Huijbregts.

“Unimpeded internet freedom provides an unprecedented breeding ground for new possibilities and opportunities. For the entertainment industry, initiatives such as iTunes, Spotify and Netflix clearly show that the internet offers rightsholders new opportunities, rather than threats.”



• In January, the Pirate Bay announced plans for a new "anti-censorship" browser