The Pirate Bay

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The Pirate Bay
Type of site
Torrent index, BitTorrent tracker
OwnerGottfrid Svartholm and Fredrik Neij
Created byGottfrid Svartholm, Fredrik Neij and Peter Sunde
RevenueAdvertisements
URLhttp://thepiratebay.org
RegistrationFree

The Pirate Bay is a Swedish website that indexes and tracks BitTorrent (.torrent) files. It bills itself as "the world's largest BitTorrent tracker"[1] and is ranked as the 106th most popular website by Alexa Internet.[2] The website is primarily funded with advertisements shown next to torrent listings. Initially established in November 2003 by the Swedish anti-copyright organization Piratbyrån (The Piracy Bureau), it has been operating as a separate organization since October 2004. The website is currently run by Gottfrid Svartholm (anakata) and Fredrik Neij (TiAMO).

The Pirate Bay has been involved in a number of lawsuits, both as the plaintiff and as the defendant. On April 17, 2009 Peter Sunde, Fredrik Neij, Gottfrid Svartholm and Carl Lundström were found guilty and sentenced to one year in prison and payment of a fine of 30 million SEK (app. 3,620,000 USD; 2,385,000 GBP; or 2,684,000 euro), after a trial of 9 days. The defendants will appeal against the verdict, and the website has been unaffected.[3]

On 31 May 2006, the website's servers, located in Stockholm, were raided by Swedish police, causing it to go offline for three days.[4] According to the Los Angeles Times, The Pirate Bay is "one of the world's largest facilitators of illegal downloading", and "the most visible member of a burgeoning international anti-copyright—or pro-piracy—movement".[5] On 15 November 2008, The Pirate Bay announced that it had reached over 25 million unique peers. The Pirate Bay has about 3,500,000 registered users, however registration is not necessary to download non-pornographic torrents.[6]

Website setup

The Pirate Bay website allows users to search for and download BitTorrent files (torrents), small files that contain metadata necessary to download the data files from other users. The torrents are organized into categories: "Audio", "Video", "Applications", "Games", "Other" and "Porn".[7] The "Porn" category though is only visible for registered and logged in users and if they explicitly tick the "show porn" radio button in their settings page. Registration requires an email address and is free; registered users may upload their own torrents and comment on torrents. Downloading data files from other users is facilitated by the BitTorrent trackers that also run on The Pirate Bay servers.

The website features a relatively efficient browse function which enables users to see what is available in broad categories like Audio, Video, and Games as well as more specific categories like Audio books, Highres - Movies, and Comics. The contents of a category can then be sorted by file name, number of seeds or leechers, dates posted, etc.

Initially, The Pirate Bay's four Linux servers ran a custom web server called Hypercube. An old version is open source.[8] On 1 June 2005, The Pirate Bay updated its website in an effort to reduce bandwidth usage, which was reported to be at 2,000 HTTP requests per second on each of the four web servers,[9] as well as to create a more user friendly interface for the front-end of the website. The website now runs Lighttpd and PHP on its dynamic front ends, MySQL and MySQL-proxy on the two database back ends, Sphinx on the search system, Memcache for caching SQL queries and PHP-sessions, and Varnish in front of Lighttpd for caching static content. The Pirate Bay consists of 24 dedicated servers including six dynamic web fronts, two databases, and eight BitTorrent trackers.[10]

On 7 December 2007, The Pirate Bay finished the move from Hypercube to Opentracker as its BitTorrent tracking software, also enabling the use of the UDP tracker protocol for which Hypercube lacked support.[11] The Pirate Bay also announced that their servers would support SSL encryption, in response to Sweden's new wiretapping law.[12] Opentracker is free software.[13]

On 19 January 2009 The Pirate Bay launched IPv6 support for their tracker system, using an IPv6 only version of OpenTracker.[14]

Funding

Petter Nilsson, a candidate on the Swedish reality show Toppkandidaterna (The Top Candidates), donated 35,000 SEK to The Pirate Bay, which they used to buy new servers.[15] As of June 2006, the website is financed through advertisements on their result pages. According to speculations by Svenska Dagbladet, the advertisements generate about 600,000 SEK (US$65,000, £46,000) per month.[16] In an investigation in 2006, the police concluded that The Pirate Bay brings in 1.2 million SEK ($150,000) per year from advertisements.[17] The prosecution estimated in the 2009 trial from emails and screenshots that the advertisements pay over 10 million SEK ($1.2M) a year,[18] but in the indictment were moderate and used the estimate from the police investigation.[19] The lawyers of the site's administrators counted the 2006 revenue closer to 725,000 SEK ($100,000).[20] The verdict of the trial however quoted the estimate from the preliminary investigation.[21]

In April 2007, a rumour was confirmed on the Swedish talk show Bert that The Pirate Bay had received financial support from right-wing entrepreneur Carl Lundström. This caused some furor since Lundström, an heir to the Wasabröd fortune, is known for financing several far-right political parties and movements like Sverigedemokraterna and Bevara Sverige Svenskt (Keep Sweden Swedish). The size of Lundström's contributions is unknown, as are his motives. During the talk show, Piratbyrån spokesman Tobias Andersson acknowledged that "without Lundström's support, Pirate Bay would not have been able to start" and claimed that most of the money went towards acquiring servers and bandwidth.[22][23]

IFPI claims that the website is extremely profitable, and that The Pirate Bay is more engaged in making profit than supporting people's rights.[24] The website has insisted that these allegations are not true, stating, "It's not free to operate a Web Site on this scale," and, "If we were making lots of money I [Svartholm] wouldn't be working late at the office tonight, I'd be sitting on a beach somewhere, working on my tan."[25] In response to claims of annual revenue exceeding $3 million made by the International Federation of the Phonographic Industry (IFPI), the site's spokesman Peter Sunde argues that the website's high bandwidth, power, and hardware costs eliminate the potential for profit. The Pirate Bay, he says, may ultimately be operating at a loss.[24] In the 2009 trial, the defense estimated the site's yearly expenses to be 800,000 SEK ($110,000).[20] It is possible to make donations to the Pirate Bay and the site also ran a fund intended to buy Sealand, a platform with debated micro-nation status.

Incidents

Raid

Main article: The Pirate Bay raid

On 31 May 2006, a raid against The Pirate Bay and people involved with the website took place, prompted by allegations of copyright violations. Police officers shut down the website and confiscated its servers, as well as all other servers hosted by The Pirate Bay's Internet service provider, PRQ. The company is owned by two operators of The Pirate Bay. Three people—Gottfrid Svartholm, Mikael Viborg, and Fredrik Neij—were held by the police for questioning, but were released later in the evening.[26] All servers in the room were seized, including those running the website of Piratbyrån, an independent organization fighting for file sharing rights, as well as servers unrelated to The Pirate Bay or other file sharing activities, including a Russian opposition news agency. In addition, equipment such as hardware routers, switches, blank CDs, and fax machines were also seized.[27]

The Motion Picture Association of America (MPAA) wrote in a press release: "Since filing a criminal complaint in Sweden in November 2004, the film industry has worked vigorously with Swedish and U.S. government officials in Sweden to shut this illegal website down." MPAA CEO Dan Glickman also stated, "Intellectual property theft is a problem for film industries all over the world and we are glad that the local government in Sweden has helped stop The Pirate Bay from continuing to enable rampant copyright theft on the Internet." The MPAA press release set forth its justification for the raid and claimed that there were three arrests; however, the individuals were not actually arrested, only held for questioning. The release also reprinted John G. Malcolm's allegation that The Pirate Bay was making money from the distribution of copyrighted material, a criticism denied by the Pirate Bay.[28]

After the raid, The Pirate Bay displayed a message that confirmed that the Swedish police had executed search warrants for breach of copyright law or assisting such a breach. The closure message initially caused some confusion because on 1 April 2005, April Fool's Day, The Pirate Bay had posted a similar message as a prank, stating that they were unavailable due to a raid by the Swedish Anti-Piracy Bureau and IFPI. Piratbyrån set up a temporary news blog to inform the public about the incident.[29] On 2 June 2006, The Pirate Bay was available once again, with their logo depicting a pirate ship firing cannon balls at the Hollywood sign.[30]

Fredrik Neij (alias TiAMO) speaking at Mynttorget in Stockholm during the 3 June 2006 pro-piracy protest

On 31 January 2008, The Pirate Bay operators Fredrik Neij, Per Svartholm Warg, and Carl Lundström were charged with "promoting other people's infringements of copyright laws."[31] If convicted, the defendants could have faced up to two years in prison and SEK 1.2 million in restitution.[32] The Pirate Bay's legal advisor, Mikael Viborg, has stated that because torrent files and trackers merely point to content, the site's activities are legal under Swedish law. Magnus Martensson, legal adviser for the International Federation of the Phonographic Industry, says the website is damaging the film industry and is liable for at least contributory copyright infringement.[9]

The Pirate Bay has servers in both Belgium and Russia which may be used in the future in case of another raid.[33] Following the raid, the number of The Pirate Bay registered users grew from one million to 2.7 million. The number of peers grew almost five times, from 2.5 million to 12 million.[4] The Pirate Bay now claims more than twenty-five million active users.[5]

Sweden's largest technology museum, the Swedish National Museum of Science and Technology, acquired one of the confiscated servers in 2009 and placed it in an exhibit for having great symbolic value as a "big problem or a big opportunity".[34]

Purchases

In January 2007, when the micronation of Sealand was put up for "sale", the ACFI and The Pirate Bay tried to buy it. However, they could not buy the man-made platform because the Sealand government did not want to sell to The Pirate Bay. A new plan was formed to buy an island instead, but this too was never implemented, despite the website having raised $20,000 in donations for this cause.[35]

The BitTorrent news blog, TorrentFreak, reported on 12 October 2007 that the Internet domain ifpi.com, which previously belonged to the International Federation of the Phonographic Industry, an anti-piracy organization, had been acquired by The Pirate Bay. When asked about how they got hold of the domain, Sunde told TorrentFreak, "It's not a hack, someone just gave us the domain name. We have no idea how they got it, but it's ours and we're keeping it." The website was renamed "The International Federation of Pirates Interests."[36] However, the IFPI filed a complaint with the World Intellectual Property Organization shortly thereafter, which subsequently ordered The Pirate Bay to return the domain name to the IFPI.[37]

Autopsy photos

In September 2008, the Swedish media reported that the public preliminary investigation protocols concerning a child murder case known as the Arboga case had been made available through a torrent on The Pirate Bay. In Sweden, preliminary investigations become publicly available the moment a lawsuit is filed and can be ordered from the court by any individual. The document included pictures from the autopsy of the two murdered children, which caused their father Nicklas Jangestig to urge the website to have the pictures removed.[38] The Pirate Bay refused to remove the torrent. The torrent had been downloaded about 30 times before the media attention.[citation needed] The number of downloads increased to about 50,000 a few days later.[39] On 11 September 2008, the website's press contact Peter Sunde participated in the debate programme Debatt on the public broadcaster SVT. Sunde had agreed to participate on the condition that the father Nicklas Jangestig would not take part in the debate. Jangestig did, however, end up participating in the programme, by telephone, which made Sunde feel betrayed by SVT.[40] This caused The Pirate Bay to suspend all of its press contacts the following day.[41]

Legal issues

See also: The Pirate Bay trial

In September 2007, a large number of internal emails were leaked from anti-piracy company MediaDefender by an anonymous hacker. Some of the leaked emails discussed hiring hackers to perform DoS attacks on The Pirate Bay's servers and trackers.[42] In response to the leak, The Pirate Bay filed charges in Sweden against MediaDefender clients Twentieth Century Fox Sweden AB, EMI Sweden AB, Universal Music Group Sweden AB, Universal Pictures Nordic AB, Paramount Home Entertainment (Sweden) AB, Atari Nordic AB, Activision Nordic, Ubisoft Sweden AB, Sony BMG Music Entertainment (Sweden) AB, and Sony Pictures Home Entertainment Nordic AB,[43] but the charges were not pursued.[42] MediaDefender's stocks fell sharply after this incident, and several media companies withdrew from the service after the company announced the leak had caused $825,000 in losses.[44] Later, The Pirate Bay co-founder Peter Sunde accused police investigator Jim Keyzer of a conflict of interest when he declined to investigate MediaDefender. Keyzer later accepted a job for MPAA member studio Warner Brothers.[45] The leaked emails revealed that other MPAA member studios hired MediaDefender to pollute The Pirate Bay's torrent database, contradicting the MPAA's earlier claim that its member studios were not MediaDefender clients.[46]

The Swedish online business newspaper E24 Näringsliv reported on 15 February 2008 that the British anti-piracy firm Web Sheriff intended to file lawsuits in the United States and Sweden against The Pirate Bay on behalf of Prince, the Village People, Van Morrison and the estate of Chet Baker. Lars Sandberg, Web Sheriff's local counsel in Sweden, told E24 that Web Sheriff had not yet determined whether to sue the individuals or the companies associated with the website. Peter Sunde dismissed the threats as relying on American law inapplicable in Sweden.[47][48]

In an official letter to the Swedish Minister of Justice, the International Olympic Committee (IOC) asked for assistance from the Swedish government to prevent video clips from the Beijing Olympics from being distributed via The Pirate Bay. The IOC claimed there were more than one million downloads of footage from the Olympics — mostly of the opening ceremony. The Pirate Bay, however, did not take anything down, and temporarily renamed the website to The Beijing Bay.[49]

Protestors demonstrating against the The Pirate Bay trial on the first day of the trial.

The trial against the men behind the Pirate Bay started in Sweden on 16 February 2009. They are being accused of breaking Swedish copyright law.[50] The defendants, however, continued to be confident about the outcome.[51] Half the charges against the Pirate Bay were dropped on the second day of the trial.[52]

The four operators of the site were convicted by Stockholm district court on 17 April, 2009 and sentenced to one year in jail each and a total of 30 million SEK (3.6 million USD, 2.7 million EUR, 2.4 millon GBP) in fines and damages.[53] The Pirate Bay has previously stated they intend to appeal the case in the case of a losing verdict. This appeals process could take in excess of six years to be decided.[54]

Website

In May 2007, The Pirate Bay was attacked by a group of hackers.[55] They copied the user database, which included over 1.5 million users. The Pirate Bay reassured its users that the data was of no value and that passwords and e-mails were encrypted and hashed. Some blogs stated that a group known as the AUH (Arga Unga Hackare, Swedish for "Angry Young Hackers") were suspected of executing the attack; however the AUH stated on the Computer Sweden newspaper that they were not involved and would take revenge on those responsible for the attack.[56]

According to Piratbyrån, The Pirate Bay is a long-running project of performance art.[57] On 22 February 2008, the logo of The Pirate Bay was changed from a pirate ship to a pirate bus to announce the partaking in an art project which Piratbyrån has been commissioned to do for the international art biennial event, Manifesta. This art project includes a bus trip, a party, an installation, and a statement by Piratbyrån.[58]

Support campaign

On 18 February 2009 the Norwegian socialist party Red began a global campaign in support of The Pirate Bay and filesharers worldwide that will last until 1 May. Through the website filesharer.org filesharers are encouraged to upload their photographs, as "mugshots", to "let the music and movie industry know who the file-sharers are." The site encourages participation urging people to "Upload a picture of yourself and show them what a criminal looks like!". Red politician Elin Volder Rutle is the initiator of the campaign and she states to the media that "If the guys behind Pirate Bay are criminals, then so am I, and so are most other Norwegians."[59] The campaign was timed to coincide with the trial against the founders of The Pirate Bay which began on 16 February.[60]

The Pirate Bay have also been shown support from young people all over the world, with 133,905 members currently joined to the support group on Facebook.

Projects

Political cartoon criticizing the entertainment industry on the main page of TPB

The team behind The Pirate Bay have worked on several websites, including BayImg, an image hosting website similar to TinyPic[61] and a video-sharing website to be called The Video Bay, similar to the video-sharing website YouTube. Another one of their projects is SlopsBox, a disposable e-mail address service. The SlopsBox site was recently re-launched.[62] On 16 April 2008, Baywords was launched as a free blogging service[63] that lets users of the site blog about anything as long as it does not break any Swedish laws. As of 7 August 2008 registration to the site was closed preventing new blogs being created.[64] In mid-2007 The Pirate Bay relaunched the BitTorrent website Suprnova.org, to perform the same functions as The Pirate Bay but using different torrent trackers.[65] As of early 2009 the site has had no news updates for a year.[66] Pastebay, similar to Pastebin, was made available to the public as of March 23.

"Boink" was created by The Pirate Bay in response to the raid on Oink's Pink Palace, a music-oriented BitTorrent website. Sunde announced on 26 October 2007 that the website would launch within a few days.[67] On 24 November 2007, Sunde said that he decided to cancel BOiNK, seeing as many new websites have been created since the downfall of OiNK.[68]

With the success of the pirate bay, the two main server admins/owners are considering making a video streaming site, named the Video Bay. Similar to YouTube, it would host content for free via an embedded media player similar to the video player on YouTube.[69] On 22 September 2008, a website named ThePirateCity.org launched claiming to be the video streaming website from the makers of The Pirate Bay. This was later denied by Peter Sunde of The Pirate Bay who said that it had nothing to do with them and would neither confirm nor deny if they were planning a video streaming website.[70]

Blocking

On 29 January 2008, the district court of Frederiksberg, Copenhagen ruled that one of Denmark's largest ISPs, DMT2-Tele2, is assisting its customers in copyright infringement by allowing the use of The Pirate Bay, and that they are to block access to the site.[71][72] Although the ISP had decided to challenge the verdict with support from the Danish Telecommunication Industries Association, they complied with it and blocked access to The Pirate Bay.[73] The Pirate Bay reacted by creating an alternate site with instructions to work around the block,[72] while the IFPI welcomed the block and encouraged other ISPs to follow suit.[74] The verdict was affirmed in the Eastern High Court of Denmark on 26 November 2008.[75][76] Following the court's decision, TDC, Denmark’s largest ISP and owner of most of the cables, decided to block access to The Pirate Bay as a preventive measure.[77] Other Danish ISPs have commented that they would prefer not to intervene in their customers' communication, but have reluctantly put the block in effect in order to avoid fines.[78]

In mid 2008, following the criminal charges raised in Sweden, the Italian Federation against Musical Piracy in Milan requested action in Italy. The deputy public prosecutor pursued the complaint in the Bergamo Court for Preliminary Investigations, which on 1 August 2008 decreed to block access from Italian ISPs to all Pirate Bay addresses.[79][80] The ruling was based on prevention of copyright violations by the site's users in Italian territory.[81] Once the block had been put in effect, The Pirate Bay responded on 10 August 2008 by posting instructions to work around the block and later by creating a separate site for Italians, but shortly afterwards the ISPs also blocked the alternate site.[82] Some ISPs had implemented the block by redirecting The Pirate Bay traffic to a site owned by the IFPI.[83] Italian security expert Matteo Flora suggested that by having the page redirected this way, IFPI could access Italian users' cookies and impersonate them on the official The Pirate Bay website.[84] Two Italian IT lawyers Giovanni Battista Gallus and Francesco Micozzi together with Matteo Flora appealed to the Bergamo court, which reviewed the case and on 24 September 2008 quashed the original ruling.[85] The decision lifting the block was based on the applicability of the "preventive seizure" section of the Italian Code of Criminal Procedure, which cannot force actions on parties unrelated to the potential offence (ISPs to filter users' traffic).[81] With the April 2009 verdict in Sweden as a precedent, the Bergamo prosecutor intends to appeal the Italian ruling in the Supreme Court of Cassation and reinstate the block.[86]

In January 2009, the Irish ISP Eircom was taken to court by the four large music labels EMI, Sony, Universal Music Group and Warner Music Group in order to have the ISP monitor its customers and spot illegal file sharing.[87] After eight court days, the parties reached a settlement to introduce a "three strikes" customer warning system on copyright infringements.[88] The Irish Recorded Music Association continues to negotiate with other ISPs for a similar agreement.[89] On 21 February 2009, Eircom however declared that access to The Pirate Bay would soon be blocked altogether,[90] but retracted on 24 February 2009 with a statement saying that they would not block the Pirate Bay without a court order.[87]

In media

Pirate Bay is featured in Steal This Film (2006), a documentary series about society and filesharing, produced by The League of Noble Peers.

Trial

Main article: The Pirate Bay trial

See also

References

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  66. ^ [3]
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  71. ^ Decision of 5 February 2008 from Bailiff's Court of Frederiksberg, Copenhagen, Denmark. Case FS 14324/2007, Original Template:Da icon, Unofficial translation by Henrik Spang-Hanssen, Danish Supreme Court attorney-at-law.
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External links

Letters and memos
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