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14 Jun, 2017 22:07

Top EU court: The Pirate Bay can be found liable of copyright violations

Top EU court: The Pirate Bay can be found liable of copyright violations

One of the largest and most infamous torrent sites, The Pirate Bay, is under further pressure to shut down after Europe’s top court ruled that it can be found liable of copyright violations – even if it doesn't host any infringing content.

The Luxembourg-based EU Court of Justice (ECJ) said in its judgment  Wednesday that the Pirate Bay's role as a host may mean it’s breaching copyright law.

"Making available and managing an online platform for sharing copyright-protected works, such as 'The Pirate Bay,' may constitute an infringement of copyright," the judges stated. "Even if the works in question are placed online by the users of the online sharing platform, the operators of that platform play an essential role in making those works available.”

The judgment, which interpreted the EU Copyright Directive, accepted that the works in question are placed online by the users but said: “The view must therefore be taken that the operators of the online sharing platform The Pirate Bay, by making that platform available and managing it, provide their users with access to the works concerned.“

“They can therefore be regarded as playing an essential role in making the works in question available.”

It also makes a point of addressing the considerable advertising revenues generated from the platform, saying there can be no dispute that the platform’s purpose is to make profit.

The court ruling came after Dutch anti-piracy group Stichting Brein asked the Supreme Court of the Netherlands to order internet service providers XS4LL and Ziggo to block Pirate Bay. The Dutch court subsequently asked for the ECJ's guidance. This now paves the way for Dutch Supreme Court to block the popular file-sharing site.

Following the ruling, Stichting Brein issued a statement describing the decision as “groundbreaking” and added that the ECJ ruling has direct applicability across the EU.

The judgment follows on from another landmark ruling earlier this year where a Swedish court ordered a major internet provider to block access to the notorious torrent site.

A leading international law firm for tech-related business, Bird & Bird, described the decision as “consistent with the broader policy aims of the European Commission in seeking to crack down on online infringement and to protect creative industries.”

It added, however, that “the judgment does not affect the liability protection provided by the E-Commerce Directive for hosts, conduits and caches,” meaning social sharing sites such as Facebook and YouTube are safeguarded.

The Pirate Bay has been under huge pressure to shut down since its inception in 2003. In 2009, its founders were sentenced to one year in prison for assisting in copyright infringement.

In May, one of the largest alternatives to Pirate Bay, ExtraTorrent, unexpectedly shut itself down leaving a message on its homepage that it would "permanently erase" its own data.

READ MORE: Google & Microsoft sign pact to clamp down on illegally-streamed sports

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