CloudFlare received an abuse complaint regarding:
pirateshit.com
Details about alleged infringement:
Dear Sir, Madam,
I hereby kindly ask your attention for the following matter.
We've learned that you are a pass-through network provider and are able to provide us with the hosting provider in order to get in touch with them.
BREIN is a non-profit organization in the Netherlands that is authorized to act against unauthorized use of entertainment content (i.e. music, film, e-books, computer games and other interactive software) in its own name for the benefit of the entertainment industry.
BREIN has learned that a client of yours is hosting the unlawful website The Pirate Bay via the website
http://pirateshit.com (IP: 108.162.195.181, hereafter referred to as: The Website). This proxy server is recently created to make the website The Pirate Bay available on the internet for Dutch users after two Dutch access providers were ordered to block The Pirate Bay for their subscribers by way of an IP- and DNS block. A screenshot of the homepage of the proxy is attached to this e-mail.
The Pirate Bay (hereafter being referred to as: TPB) is the largest and best known 'BitTorrent' website in the world. By using TPB users exchange an enormous amount of files with popular entertainment content through torrents and magnet links without the authorization of the member right holders. At this moment more than four million torrents are online on TPB, more that 90% of these torrents are illegal. TPB therefore is causing substantial damage to the member right holders.
Over the last couple of years right holders all over the world have tried to end the illegal activities of TPB. TPB and its owners are convicted in countless legal proceedings, this has led to civil and criminal judgments and penalties. In the Netherlands BREIN also tried to cease the illegal activities of TPB. [1] Despite of several Dutch court rulings confirming that TPB is unlawful, TPB refuses to cease its illegal activities. Because of this reason BREIN was forced to address Dutch access providers that provide consumers access to TPB and asked them to block TPB for their consumers. Because these access providers refused to voluntarily block TPB, BREIN started legal proceedings and in January of this year the Dutch court of The Hague ruled that Ziggo and XS4all must block the TPB.
The website provides an exact copy of The Pirate Bay. Because in the Netherlands this website is being promoted under Dutch consumers as reverse proxy to TPB, it is clear that The Website is created for Dutch users. Users that visit TPB via the proxy, can avoid the blocking measures that were instituted. This means The Website is intentionally sabotaging the judgment against Ziggo and xs4all of January 11th 2012. This is unlawful under Dutch law, also if a website is hosted in a foreign country. The Website is causing substantial damage to rights holders represented by BREIN.
Attached to this e-mail you will find a ruling of the Court of The Hague of March 20th 2012 in which the owner of a similar reverse proxy service was ordered to cease its activities. Because the owner(s) of The Website is/are anonymous we have no other option than to contact you.
Based on the above, I kindly request you to provide us with the name of the hosting provider of the following illegal proxy-website.
If you wish you can forward this e-mail and the attached Court decision to the owner(s) of The Website as an explanation why you were forced to disconnect The Website.
Please feel free to contact me, should you have any further questions after reading this email.
Yours Sincerely,
Britt Wemerman
[1]Rechtbank Amsterdam, 22 oktober 2009, rolnummer KG ZA 09-1809
http://www.rechtspraak.nl/ljn.asp?ljn=BK1067
Description of original work:
Over 90% of all the content offered on the website (at the moment 3.810.462 torrents) is illegal.
Stichting BREIN represents the lion's share of the intellectual property rights on entertainment content worldwide:
http://anti-piracy.nl/english.php
Allegedly infringing content:
http://pirateshit.com
This is to notify you of the complaint filed against your site. We've provided the name of the web hosting provider which hosts your server as we are required to do by law.
