August 12, 2010

Oi, look who's writing...

Today we've got a long letter from BREIN, demanding to shut down the site, bend over and take it up the arse.

Yes, the very same Dutch people (headed by Tim Kuk) who push for total internet censorship and work very hard on turning NL into a "hosting wasteland (c) One Smart Guy".

The very same Mr. Kuk (or was it Kuik?) who likes to tell in public how successful they are in closing a gazhillion of torrent sites - failing to produce any evidence of his words.

Apparently, lying and sucking on RIAA/MPAA dic funding is nice?

We eagerly await for BREIN to start trumpeting how they shut down that nasty, nasty Bitsnoop. Meanwhile, feel free to enjoy our site as usual. :D

The letter follows:
from Brein [brein@anti-piracy.nl]
sender-time Sent at 12:25 PM (GMT+02:00)
to legal@bitsnoop.com
date Thu, Aug 12, 2010 at 12:25 PM
subject Brein/SK/2010.0013819.AVI

Stichting BREIN (Bescherming Rechten Entertainment Industrie Nederland)
Siriusdreef 22-28
2132 WT Hoofddorp

Date: August 12th, 2010
Subject: illegal content without authorization http://bitsnoop.com
Ref.nr.: Brein/SK/2010.0013819.AVI

1st summon

Dear Sir / Madam,

The BREIN foundation acts against piracy of entertainment content (music, film, computergames 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 on 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 to the relevant authorities for criminal investigation and prosecution.

Through your website http://bitsnoop.com with ip: 213.163.65.122 – ISP: Interactive 3D (NL) - you are providing systematic and structural access to content without the authorization of the copyright and neighbouring rights holders. The website is offering a choice of popular titles in the area of film, music, games and interactive consumer software that are published by the rights holders represented by BREIN and which have not been licensed for distribution through your system. By operating that system which facilitates, enables and participates in the distribution of infringing files, you are acting unlawful and violate the copyrights and neighbouring rights of others, including the rights holders represented by BREIN. This causes extensive damage to rights holders for which you and others involved with the management of the site are liable. As you are operating in full anonimity, BREIN and its rights holders at present are unable to recover damages from you and your organization.

Your actions also constitute a crime punishable under Dutch law. In the event gravity and extent so warrant, the public prosecution may proceed with criminal investigation and prosecution. In the course of such investigation servers and administration may be confiscated and suspects of a crime may be arrested and taken into custody. The maximum punishment for (aiding and abetting) professional infringement is 4 years imprisonment or 67.000 euro fine for natural persons and 670.000 euro for legal entities. In addition the prosecution usually claims the proceeds of the criminal activity. At the same time injured parties can join the criminal action in order to obtain damages or file civil action to claim those. With respect to these criminal actions BREIN emphasizes that these too are not theoretical. The public prosecution has announced such actions and has commenced carrying them out, in particular in cases where in spite of warning by or on behalf of rights holders the suspects have persisted in the organising of large scale infringement.

In the interest of and on behalf of the rights holders represented by BREIN and in order to avoid civil action and/or criminal prosecution, we request you and your organization to cease and desist immediately the abovementioned unlawful activities and to provide us immediately with the official name and geographical address of the entity or person(s) providing the website and tracker services.

mr. P. Haringsma
General Counsel
Juridische Zaken Stichting BREIN
tel: 0031 (0)23 799 7870
e-mail: brein@anti-piracy.nl

[1] Participating organizations in the BREIN foundation are amongst others the music authors organization
BumaStemra, the collective rights organization of artists 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.

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