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BREIN

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Logo of the Bescherming Rechten Entertainment Industrie Nederland

The Bescherming Rechten Entertainment Industrie Nederland (BREIN) translates roughly as Protection [of the] Rights [of the] Entertainment Industry [of the] Netherlands. BREIN is a trade association representing both the Dutch recording industry and movie studios. It is roughly analogous to the MPAA or RIAA in the US.

ShareConnector

Further information: ShareConnector

BREIN is perhaps best known for shutting down Dutch eDonkey 2000 link giant ShareConnector.com in December 2004. Due to controversy over the legality of links to illegal content, and a lack of quality in the evidence provided by BREIN,[1] the case has not been put to trial yet. After being offline for two years, ShareConnector reopened in December 2006 but after barely one year; on November 12 2007, Shareconnector went offline again.

Last Monday the guys from BREIN visited me at home to convince me to close ShareConnector or else they will start a civil proceeding with a claim. Of course, this does not mean I agree with their point of view, it's just that I can't afford taking any risks.

As of today, November 12, 2007 I decided to close down. If there is anything new to report, you will be informed.

Thank you for all your support and understanding.

On October 23 2007 BREIN, together with IFPI, BPI, Dutch police, and other organizations shut down prominent Bittorrent tracker Oink's Pink Palace[2]

Lawsuit by FTD

After a series of allegations that Usenet community Fill Threads Database (FTD) was acting illegally, the Dutch FTD started a lawsuit against BREIN in May 2009.[citation needed] BREIN president Tim Kuik alleged in a Dutch newspaper that “Although they [FTD] are not carrying illegal content on their servers, what FTD does is simply criminal”. FTD is suing for a retraction of this libelous statement and demands a declaration from the courts that its activities are entirely within the law.

Alleged attack on BREIN website

On the 1st of June 2009, Tim Kuik published an online article claiming that BREIN's website had been "broken" by hackers performing DDOS attacks. He speculated about a possible connection with the intended court summons against the Pirate Bay. Several independent sources reported that the site's deeplinks were still available (only the frontpage was inaccessible), and as such BREIN's claim of having been attacked was false. Brein responded claiming that the attacks had stopped and that the site's 1-year-old backup had been used to recover the site. Because the backup was dated, the website was now under construction.

Internet blog Geenstijl claimed to have discovered that BREIN's server was still fully operational and that there had been no attack whatsoever. The complete news archive was still available.[3][4][5] A password was later added to BREIN's news archive.

On the 23rd of June 2009, The Pirate Bay announced a lawsuit against Tim Kuik on libel charges. The Pirate Bay claims to have nothing to do with the alleged DDoS attack[6]

Criticism

In September 2009, BREIN CEO Tim Kuik attracted controversy when in a news conference he stated that he is using a laptop that once belonged to a hacker".[7] After further investigation by bloggers of TorrentFreak, [8] it has become clear that the laptop is acquired in a legal way, but with a controversial tone.[9]

Recently, BREIN attracted controversy again when several suspicious aspects of their lawsuit against The Pirate Bay and Reservella were revealed, including evidence that documents used to link Fredrik Neij of The Pirate Bay to Reservella were faked. [10] Peter Sunde is now filing criminal charges against BREIN for forgery and fraud, although it is not yet clear whether BREIN was aware the document was faked or not. [11]

References

  1. ^ "ShareConnector to Return December 14". Slyck.com. Retrieved 2006-12-05.
  2. ^ "Illegal music sharing website closed down". The Daily Telegraph. Retrieved 2007-10-23.
  3. ^ BREIN liegt over aanval
  4. ^ Stichting Brein liegt over DDoS aanval
  5. ^ Website Stichting BREIN werkt gewoon
  6. ^ "nu.nl:The Pirate Bay daagt Tim Kuik". FTD. Retrieved 2009-07-23.
  7. ^ "TorrentFreak.nl: Anti-Piracy Boss Confiscates Confiscated Hacker Laptop". TorrentFreak. Retrieved 2009-10-04.
  8. ^ "TorrentFreak.nl: Anti-Piracy Boss Confiscates Confiscated Hacker Laptop, reply of the editor Ernesto on one of the commenters". TorrentFreak. Retrieved 2009-10-04.
  9. ^ "TorrentFreak.nl: Anti-Piracy Boss Confiscates Confiscated Hacker Laptop, Last paragraph of the article which starts with "Update"". TorrentFreak. Retrieved 2009-10-04.
  10. ^ "fail in .NL". Peter Sunde (brokep). Retrieved 2009-10-08.
  11. ^ ""Peter Sunde Brings Criminal Charges Against BREIN, Claims They Falsified Documents Against The Pirate Bay"". TechDirt. Retrieved 2009-10-08.


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