Andre Yoskowitz
19 Aug 2009 23:06
In 2004, the Dutch anti-piracy outfit BREIN took down the once large ed2K link site ShareConnector, which had aided in finding files (or parts of files) on the eDonkey2000 network with software such as eMule.
The site came back in 2006 but in 2007, the admin Adi was taken to trial and acquitted of any complicity to criminal copyright infringement. After that, the site went down and now remains as a host for eDonkey and other tutorials.
Interestingly today however, Adi added a blog post saying that BREIN is back to appeal the 2007 case, and a court case is upcoming.
Says the post:
Recently, I got a letter from the Department of Justice, stating that they want a re-trial which they desperately lost back in July 24 2007.
I’m really surprised that they want another shot at trying to make us look as criminals. Nobody expected the DoJ to go for an appeal after an embarrassing defeat 2 years ago.
The defendants are to appear proforma on 22 September 2009 in The Hague. On 18 November 2009 the re-trial should take place. Both ShareConnector and Releases4u (dutch ed2k site we are not affiliated with but was hosted on our ISP) including the former ShareConnector host are to appear in court.
This has nothing to do with the recent civil case against BREIN, where I went for an appeal. That appeal should take place within a few months as well.
So this year is really packed with lawsuits for me with hopefully some conclusive results about the legality of eD2k indexing sites in the Netherlands. After the illegal raids by FIOD-ECD who didn’t do any research and blindly followed BREIN back in December 2004, it took years with the criminal court which made so many blunders and now finally this chapter can be closed with the DoJ and civil appeal approaching us.
Will be interesting to see what evidence they found in the last two years.