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Dutch court rules man who uploaded 5,000 ebooks to Pirate Bay can’t be prosecuted

dutch court rules man uploaded 5000 ebooks pirate bay cant prosecuted piratebay2
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It hasn’t been a good couple of days for BREIN, the anti-piracy outfit that continues to pursue illegal uploaders and downloads in court. Yesterday, a Dutch court ruled that it would lift the ban on Pirate Bay imposed on two of the nation’s ISPs and their users. Today, a Dutch court dismissed a case brought forth by BREIN against an unnamed 23 year old man who admitted to uploading a whopping 5,000 ebooks to Pirate Bay.

“Wait a minute,” you might be saying. “If he admitted fault, then shouldn’t this be an easy case for BREIN.” You’d think so, but there’s a technicality at work here that’ll keep the unnamed uploader out of jail and free from paying any fines. For now, at least.

BREIN pursued this case in criminal court, but Dutch law states that such cases should be tried in a civil court. Such a case would be fit for a criminal court if the accused were uploading files as part of a business operation, or if the uploader was a member of a criminal organization. However, the accused member does not fall under either of these categories. Therefore, the case was dismissed.

The court offered this statement regarding the case and its ruling. 

“All things considered, the court finds that the prosecution – in the light of the criteria stated in the instructions for criminal enforcement – could not have reasonably come to the decision to prosecute, and that it violated principles of due process with its decision to prosecute the case.”

Tim Kuik, BREIN’s director, offered his two cents as well.

“Even if each book cost just one sale, there would already be 50,000 euros in lost revenue. The real damage is a multiple of that because the books have been downloaded countless times,” said Kuik.

The court also noted that while it is dismissing the case, BREIN is free to pursue it again in civil court. We expect BREIN to do just that, so while the uploader is out of legal hot water for now, he could find himself right back in it very soon. 

What do you think? Sound off in the comments below.

Konrad Krawczyk
Former Digital Trends Contributor
Konrad covers desktops, laptops, tablets, sports tech and subjects in between for Digital Trends. Prior to joining DT, he…
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