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BREIN goes after TorrentFactory

Wednesday, January 13, 2010 1:15 PST -08:00   News  


p2pnet news view Freedom | P2P:- That didn’t take long.

Yesterday p2pnet revealed the existence of TorrentFactory.org, the new indexing site in town.

Today we learn from its 15-year-old owner, Pablo, over in Switzerland, that Holland’s BREIN — a kind of nasty combination of the RIAA and MPAA — is already trying to get TorrentFactory.org shut down.

He’s been given 24 hours to comply, he told p2pnet this morning.

Here’s the BREIN missive >>>

Dear sir,

Let me first introduce the BREIN foundation, then discuss what our issue is with your unlawful activities and finally what you must do to operate legitimately.

The BREIN foundation acts against piracy of entertainment content (music, film, computer games and other interactive software) on behalf of rights holders and interested parties such as authors, performing artists, publishers, producers and distributors [1]. Together these rights holders represent the lion’s share of the intellectual property rights on entertainment content worldwide. BREIN takes civil action in the Netherlands against the making available via the internet of files with entertainment content without authorization of these rights holders. In the event that the gravity and extent of the case give cause to it BREIN files a complaint regarding such sites and servers to the relevant authorities for criminal investigation and prosecution.

Your website http://www.torrentfactory.org is structurally making use of the availability on internet of unauthorized files with entertainment content without taking into account the interests of copyright and neighbouring rights holders. Through Torrentfactory.org an enormous quantity of popular titles in the area of film, music, games and interactive consumer software is made available, a substantial number of which are published by the rights holders represented by BREIN and have not been licensed for distribution through the your system. By initiating, enabling, facilitating, stimulating and participating in the distribution of content files, you are responsible for any such content made available through your website and under a legal duty to prevent infringement.

By making available said unauthorised content through your website, you are acting unlawful and violating the copyrights and neighbouring rights of others, including the rights holders represented by BREIN. This is causing extensive damage to rights holders for which you are liable[2].

In the interest of and on behalf of the rights holders represented by BREIN we request that you cease and desist the abovementioned unlawful activities within the next 24 hours.

I thank you in advance for your cooperation.

Sincerely,
P. Haringsma
Legal Affairs BREIN Foundation

TorrentFactory sucked up 1,025 hours of labour  (”I know the exact time because we had a party 2 days back for the 1,000th hour”), and the basic search engine takes almost 1,000,000 of lines of code, said p2pnet yesterdsayl going on:

“But before the cartels get all hot and bothered, TorrentFactory is a means to another end, Pablo told me, also stressing he’s not making any money out of it. ‘Distributing torrents isn’t my main purpose, he says. I’ll keep improving the engine and serve other kind of data like pictures, videos, links or whatever — maybe an archive service — but I haven’t got that far yet.

“At the moment he has six servers at home “running to download and split the content, and two web servers,” he says.

“Does it work? It did for me. Lightning fast. And sponsored by DediServ.eu, it’s totally ad-free.

“Pablo says he started out three or four years ago with a programing teacher who’s the local development director of a famous Canadian firm.

“He’s currently working on his algorithm to improve the crawling rate, and preparing new projects.”

Participating organizations in BREIN “are amongst others the music authors organization BumaStemra, the collective rights organization of artist and producers SENA, the Dutch association of producers and importers of sound and image carriers NVPI, sections Audio, Video and Interactive, the Dutch publishers association NUV, the Dutch association of film distributors NVF, the international association of American film producers MPA and the international federation of the phonographic industry IFPI,” it boasts.

It’s almost as though BREIN has torn a page out of the book written by Vivendi Universal, EMI, Warner Music and Sony Music’s RIAA. It went after Brianna LaHara, a 12-year-old  the Big 4 extortion unit accused of being a massive illegal distributor of copyrighted corporate ‘product’.

But definitely stay tuned.

Pablo says he’s is already talking with his sponsor, DediServ.eu, about what technical possibilities they have to remedy to this problem.

Jon Newton - p2pnet

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