The Pirate Bay chose to appeal the decision and eventually won the court case. The Court of Bergamo ruled that no foreign website can be censored for alleged copyright infringement and the block was lifted.

That was not the end of matter, though. The case was taken to the Supreme Court, which reversed the decision of the Tribunal of Bergamo yesterday, meaning that The Pirate Bay might be blocked by Italian ISPs after all.

The Supreme Court has not yet detailed its decision, but Pirate Bay lawyers Giovanni Battista Gallus, Giuseppe Campanelli and Francesco Micozzi informed TorrentFreak that the site will remain accessible for now.

“There will be another hearing before the Court of Bergamo,” they told us, “which will have to decide again whether to block The Pirate Bay in Italy or not.”

“We will go again before the Court of Bergamo, where we will have ample grounds to defend The Pirate Bay,” the lawyers noted, adding “And we could even appeal the new decision before the Supreme Court.”

This most recent decision is a setback for the Pirate Bay, but as always the free publicity will only bring in more visitors to the site. When the tracker was blocked last year it only took a few hours before people started to share workarounds to regain access to the site, and the number of Italian visitors actually grew 5 percent.

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They have the fallout from the planned sale to Global Gaming Factory to contend with, a new lawsuit initiated by US movie studios, and yesterday they lost a Dutch court case in their absence. From that action they now face the prospect of huge fines in The Netherlands if they don’t disable that country’s access to their site within 10 days.

Today brings news of yet another upcoming lawsuit against Peter Sunde, Fredrik Neij and Gottfrid Svartholm, even though they say they disposed of The Pirate Bay a little over 3 years ago.

Italy’s FIMI (Federazione Industria Musicale Italiana) and FPM (Federation against Musical Piracy) say they will be suing the three and seeking damages in excess of 1 million euros.

In August 2008, The Pirate Bay was made inaccessible in Italy after ISPs were ordered to block its domain. However, The Pirate Bay appealed and eventually won the court case. In October the Court of Bergamo ruled that no foreign website can be censored for alleged copyright infringement. The case is now awaiting a decision from the Supreme Court of Appeal.

This new Italian legal action is based on evidence collected during The Pirate Bay proceedings in Bergamo last year – evidence which, incidentally, was supplied by FIMI to the prosecutor in the first instance.

Referring to the planned sale of TPB to GGF and their basis of claim, President of FIMI, Enzo Mazza, said: “The claim is also based on the principle that by selling the site to others, the founders have confirmed that the whole illegal operation of The Pirate Bay was to make a profit and it is therefore unacceptable that someone can take the money and then escape without repairing the damage.”

Peter Sunde’s Italian lawyers, Giovanni Battista Gallus and Francesco Paolo Micozzi, told TorrentFreak that under Italian law, an entity seeking compensation for damages, when there is an ongoing criminal indictment, could either file a civil action outside of the proceedings (i.e, a normal civil action for damages), or bring his claim for damages within the criminal procedure as a damaged party.

“In any case, nothing has been notified to us (as lawyers of Peter Sunde) so far,” Gallus told TorrentFreak. “I gather they have announced their intentions before starting the procedure.”

Article from: TorrentFreak, check out our new blog at FreakBits.

But of course, being hacked isn’t the sole preserve of these organizations, it can happen to file-sharing sites too. In November 2008 a hacker tried to gain control of Torrentz.com and at the beginning of June NowTorrents had its own problems.

Today we bring news of another sizable hack, this time affecting Italy’s most prominent BitTorrent site, TNT Village. A hacker targeted the 50,000 member site and made off with the site’s database.

The admin of TNT Village explains: “A son of a bitch was able to discover my password. With it in recent days he has removed the TNT database. I then proceeded to change my password but in the meantime he/they had taken some sensitive data to users, and yesterday they were made public.”

Indeed, a torrent of the stolen data has appeared on various BitTorrent indexes. The data contained within is largely in Italian but a source with an interest in security breaches told TorrentFreak that the archive contains very sensitive information.

The site’s database schema, the actual database with around 50,000 usernames, passwords and emails, a list of site donors and private messages have all been leaked.

The site has taken steps to limit the damage but concerned users should change their passwords immediately, at the very least.

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Italy, which has seen its fair share of misery inflicted by Logistep and its partners Peppermint Jam, now has reason to be optimistic that these cynical, profit-motivated operations can be dampened down.

Although anyone with a basic knowledge of the Internet could come to the same conclusion given 30 seconds in a quiet room, the Tribunale Ordinario di Roma has now ruled that an IP address alone does not identify an infringer. According to a Punto Informatico report, on this basis the court kicked out a complaint against an individual accused of copyright infringement.

The District Attorney and judge said that the mere ownership of a connection from where an infringement took place is not sufficient to establish the identity of an infringer or liability of a defendant, especially since other people could have committed the alleged infringement.

In the UK right now, as many as 5,000 or more Internet bill payers are receiving letters through their doors from lawyers ACS:Law claiming that their Internet connection has been used to commit copyright infringement. TorrentFreak is in contact with many letter recipients and we are convinced that many people are being wrongfully accused for a multitude of reasons. Interestingly ACS:Law say that they do not necessarily claim that the bill payer committed the infringement, yet they still make threats and demand settlements for around £600 from that very individual.

They do this because they do not know and cannot prove who carried out the infringement, and simply hope that the bill payer feels responsible for what has happened and pays the settlement.

If it wasn’t clear before to some, it should be pretty clear now. As far as evidence goes, an IP address alone does not identify an infringer, merely a connection, and in the absence of additional evidence – such as that collected following an examination of the alleged infringer’s PC – it means little on its own.

Thank you Italy for your common sense.

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However, with the Swedish verdict against The Pirate Bay in hand, the Italian justice authority is now looking into the possibility of starting their very own trial against the Pirate Bay ‘operators’. Interesting to say the least, because The Pirate Bay and those involved with the site have no direct link to Italy.

Nevertheless, anti-piracy lobbyists are already claiming a victory. “The charge is the same as the one in Sweden, so one can be optimistic about obtaining a similar verdict in Italy,” Enzo Mazza, president of the Italian Music Industry Federation (FIMI) told IDG.

The defense lawyers seem to be a little more down to earth. Francesco Paolo Micozzi and Giovanni Battista Gallus, the lawyers for Pirate Bay spokesman Peter Sunde told TorrentFreak that the music industry boss might be a little too optimistic.

“I absolutely disagree with the fact that the Swedish decision would in any way clear the way for the Italian prosecution,” they told TorrentFreak. “First of all, it’s a first instance decision, which means that it is not relevant at the moment.”

“Secondly, the Italian case has many different peculiarities, starting with jurisdiction issues, which make the Swedish decision much less relevant than it could seem at first glance. Thirdly, every decision is based on its own evidence, and in the Italian case the trial is yet to start,” they explained. Thus far, the only binding jurisdiction with regard to The Pirate Bay is that the Italian blocking order was absolutely unlawful under criminal law.

Nevertheless, the entertainment industry is one step ahead and already thinking about how they will divide the booty. Simona Lavagnini, one of the lawyers representing the Italian music industry said that it is not very realistic to expect the defendants to be extradited to Italy, but she believes that fines and a seizure of assets belong to the possibilities.

The Italian prosecutor will decide in a few months whether there will be an Italian Pirate Bay trial or not. The order for ISPs to block access to TPB is currently under appeal and the decision in that case will come some time in September.

Article from: TorrentFreak, check out our new blog at FreakBits.

Today, in 2009, the situation is moving quickly. In common with situations in many countries around the world, the entertainment industries have all but given up chasing down individual file-sharers, declaring that their new focus will be on ISPs, who they will pressure to clamp down on pirates on their behalf.

In October 2008 a technical roundtable got underway in Italy which promoted collaboration between the music, movie and ISPs. In basic terms, in part it was a discussion about the mechanics of implementing a ‘3 strikes’ or ‘graduated response’ to deal with piracy on P2P networks.

France has one of the toughest approaches to the ‘problem’ in Europe, so it will be of concern to many Italian citizens that their country appears to be taking the lead from Sarkozy’s vision of copyright enforcement.

According to a THR report, yesterday Italy’s Ministry of Culture signed an agreement with French officials to cooperate on anti-piracy issues. Furthermore, in an indication of how Italy sees its legislation progressing in the future, Minister of Culture Sandro Bondi said that Italian laws will “follow the French model” in providing strict protection and controls for copyright works.

As we previously reported, plans for a “3 strikes” regime had already been touted in Italy by the movie industry during meetings in Venice, with the MPAA’s President Robert Pisano stating: “Maybe the first couple of times they get a warning e-mail, then perhaps the speed on their account is reduced, and if they keep doing it then maybe their account is closed.”

With this announcement that Italy will follow the ‘French model’ and Sandro Bondi previously going on record saying that the fight against piracy is a priority for the government, it looks like the entertainment industries are getting closer to their aims, not just in Italy but in countries around Europe, and others across the world.

Article from: TorrentFreak, check out our new blog at FreakBits.

Of course, the Pirate Bay team didn’t agree, and responded in true Pirate Bay style. “We’re quite used to fascist countries not allowing freedom of speech. A lot of smaller nations that have dictators decide to block our site since we can help spread information that could be harmful to the dictators,” Sunde wrote in a blog entry.

The BitTorrent tracker was not going down without a fight, and later announced that it would appeal the decision in court, which they won. The block was lifted and ISPs could again grant their users access to the most frequently used BitTorrent tracker on the Internet.

The Court of Bergamo decided that this block was unlawful, and earlier this week they explained why. According to the court statement (Italian), no criminal court is allowed to issue an order to ISPs to block traffic to a foreign website, based on alleged copyright infringement. Italian law implements an European Directive, 2000/31 CE, which this means that this ruling should be valid in other European countries as well.

“Under Italian law, this is possible only for child porn and for unauthorized gambling, but there is no such provision for copyright infringement,” Pirate Bay’s lawyers Giovanni Battista Gallus and Francesco Micozzi explained to TorrentFreak.

“We have to make sure that no legislative bill promoting such filtering provisions will be passed in the future. At the European level, many authorities pointed out the need to find a balance between the enforcement of alleged copyright infringements, users’ rights, and privacy issues.”

In hindsight, the block only helped the Pirate Bay to grow even further. The case generated a lot of free promotion, and the number of visitors from Italy increased by 5 percent. Not exactly the outcome IFPI had hoped for.

Article from: TorrentFreak, check out our new blog at FreakBits.

The Court of Bergamo has now lifted the block, and ISPs are again allowed to grant their users access to the most frequently used BitTorrent tracker on the Internet. More details on the decision, and the reason why the block was reversed, will be made public later.

In a previous interview, Pirate Bay’s lawyers Giovanni Battista Gallus and Francesco Micozzi described the order as “‘original’ or ‘creative’ at best,” and said it should not have been ordered in the first place because of the lack of jurisdiction. In addition, they argued that The Pirate Bay is not breaking any laws since it’s not distributing copyright infringing material.

The court’s decision might set an important precedent for BitTorrent sites in Italy, especially for Colombo-BT, the largest Italian torrent site, which was shut down by the same prosecutor responsible for the Pirate Bay block. The action against Colombo-BT was orchestrated by the anti-piracy outlet IFPI, which also hijacked all Italian Pirate Bay visitors following the block.

Visitors who were blocked from The Pirate Bay were redirected to an IFPI server, instead of a server operated by the Italian government. This is again an example of how lobby groups such as the IFPI, MPAA and RIAA are treated as government institutions. Since many Pirate Bay visitors claimed their privacy was violated, the Italian Pirate Party and Altroconsumo filed a complaint with the ombudsman earlier this week.

Article from: TorrentFreak, check out our new blog at FreakBits.

Although Pisano suggests the ‘carrot’ – encouraging file-sharers to use legal services of which he says there are dozens – the truth is they have completely failed to get into the minds of file-sharers with these services. “..our goal is not to punish anyone but rather to give them a reason to do the same downloading, but through legal channels,” said Pisano, according to a THR report.

But it seems the outcome is inevitable – the use of the ’stick’. Like the IFPI, the MPAA now seems to be taking the line that if you can’t deal with individual file-sharers effectively through the legal system with civil action, it’s time to deal with millions all at once by pressurizing their ISPs to take measures against them instead. It’s likely the MPAA will issue complaints to ISPs about file-sharers in the same way as it has always done – except with a sting in the tail.

“Maybe the first couple of times they get a warning e-mail, then perhaps the speed on their account is reduced,” said Pisano, “and if they keep doing it then maybe their account is closed.”

The Italian Society of Authors and Editors is also calling for action against file-sharers, and wants to back this up with ‘educational campaigns’ targeted at schools. In contrast, Riccardo Tozzi, President of the National Union of Producers wants to convert pirates into paying customers by offering movies at an affordable price.

In 2003, Silvio Berlusconi’s government passed one of the harshest copyright laws in Europe, but it hasn’t really been enforced to the extent the MPAA and IFPI would like. Unfortunately for them, January 2007 saw the top criminal court in Rome announce that downloading films, music or software from the Internet is not a crime if done for no profit. Although this announcement seemed like good news for individual Italian file-sharers, it didn’t turn out particularly well for Italy’s largest BitTorrent site. Colombo.BT was shut down after it was alleged the administrators illegally profited from the site.

Although Italian Minister for Culture Sandro Bondi said the fight against piracy is a priority for the government, it seems that support for the movie industry doesn’t stop there. Bondi previously announced that the government’s movie interests department ‘General Direction for Cinema‘ had announced to the EU it will take measures to give “fiscal incentives” to movie production and distribution companies via tax shelter and tax credits.

In October a technical roundtable will get underway in Italy which will promote collaboration between the music, movie and ISPs, i.e they will discuss the possible implementation of a “3 strikes” policy. Stay tuned for an update.

Article from: TorrentFreak, check out our new blog at FreakBits.

The Pirate Bay administrators are accused of making copyrighted material available on the Internet for commercial purposes. Giovanni and Francesco told us that this is a strange accusation, considering the nature of the site. “…even the judge who issued the decree states that no infringing material is hosted on The Pirate Bay, which provides just a tracker search engine,” they told us.

“The judge tries to ‘create’ a sort of contributory infringement accusation against The Pirate Bay,” the lawyers explained. It is alleged that the tracker and the search engine are absolutely necessary for the users to “search and locate the content on single computers”. That’s not all, the judge goes even further by stating that the name of the site, ‘The Pirate Bay’, signals intent to infringe copyright.

The lawyers think that because of the lack of jurisdiction, the block should not have been issued in the first place. They also dispute the claim that The Pirate Bay is distributing copyright infringing material. “We will bring all our arguments before the Tribunal, and we are confident of the Tribunal’s decision,” they said.

In previous articles, we suggested that the IFPI, Pirate Bay’s arch rival, might have had a hand in the block. The reverse DNS of the ‘blocked page’ pointed to IFPI’s servers, although they have changed that now. This is suspicious to say the least, and Pirate Bay’s lawyers told us: “It is clear that this decree has been strongly backed up by FIMI (the Italian IFPI),” citing a press release FIMI published where they applauded the Pirate Bay block.

A Tribunal of three judges will now look into the appeal, and a decision is expected in a few weeks. After that, the decision of the Tribunal can be further appealed by both parties before the Higher Court.

Article from: TorrentFreak, check out our new blog at FreakBits.

The Pirate Bay has already taken several countermeasures to make sure Italians can access the site. These don’t work across all ISPs yet, and those users are redirected to the following page by their ISP. Interestingly, this page is hosted on a server that belongs to IFPI – a reverse IP lookup shows that the page is linked to www.pro-music.org, IFPI’s legal music site.

“I think it’s a scandal,” Pirate Bay co-founder Peter Sunde told TorrentFreak in response to this remarkable finding. “I hope that people start noticing that IFPI gets more and more into bed with the police. It’s really disturbing that one side of an ongoing fight gets more authority without a legal basis.”

Peter finds it hard to believe that the IFPI now gets all the traffic destined for the Pirate Bay, without any legal grounds, and he urges Italian users to clear their cookies before the IFPI decides to steal them. We have to agree with Peter here, it is indeed very disturbing that the traffic is redirected to a site which belongs to an anti-piracy lobby, instead of diverting neutrally to the ISP or local authorities.

The IFPI was contacted for a response several days ago, but hasn’t replied so far. It’s not the first time that they’ve “hijacked” traffic from a torrent site. Last October they did the same thing with the OiNK domain. That instance was even worse, as they used the opportunity to threaten members of the BitTorrent tracker, in advance of any trial.

Last October, the IFPI lost their .com domain, which was mysteriously transferred to the Pirate Bay, who started International Federation of Pirate Interests. Even though the IFPI managed to get the domain back in their possession, the incident marked an increase in efforts from the organization to take out The Pirate Bay.

Thus far, only John Kennedy, chairman and chief executive of the IFPI, has responded to the Italian move against The Pirate Bay stating: “This decision sends out a clear message that The Pirate Bay’s activities are illegal under Italian law. The Pirate Bay facilitates the mass infringement of copyright across music, film, television and games. Its very name shows the contempt its operators hold for the creators of legitimate content.”

Italy is trying hard to get rid of their fascist label, and some Italians were quite upset about the Pirate Bay calling their country a fascist state, but scandals like this don’t help to improve this image. Things get even worse if you take into account that the IFPI covered up the fact that the organization was founded in Rome, Italy, under the watch of Mussolini, one of the greatest fascist dictators. Enough said.

update: A great video for our Italian speaking friends

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Some ISPs have refused to block the site in the past but in any event, most attempts only seem to provide free advertising for the site and subsequent increases in traffic.

Unfortunately for the people at the IFPI – the driving force behind the block – the results so far aren’t what they’d hoped for. Rather like the increases in traffic experienced at HTTPShare when they tried to block that, this week has seen traffic from Italy to The Pirate Bay increase too.

Brokep from The Pirate Bay has announced that while the tracker has never been “particularly big in Italy”, the recent attempted block actually seems to have done them a favor.

“Since the block we’ve increased traffic from Italy,” he says. “We gained 10 places on Alexa in Italy, and our own stats show a 5% increase in traffic from Italy (which has been quite stable before),” which is understandable considering the masses of worldwide press coverage this week, a fact not lost on brokep:

“It’s quite interesting and my guess (with background about what happened in Denmark) is that the site will gain even more attention over the coming weeks in the media and also get a lot of new visitors.”

It seems unthinkable that there could be any other result. The music and movies industries might hate The Pirate Bay with a passion but millions upon millions of regular people love them. It’s difficult to keep that level enthusiasm down.

Article from: TorrentFreak, check out our new blog at FreakBits.

Italy is taking a stand against BitTorrent sites, so it seems. Two weeks ago, the largest Italian torrent site, Columbo-BT, was shut down by the same prosecutor who is responsible for the Pirate Bay block. IFPI, the infamous anti-piracy organization assisted the prosecutor, and it wouldn’t be a surprise if they assisted in this case as well, considering their history with The Pirate Bay.

In a response to the news, Pirate Bay co-founder Peter Sunder told TorrentFreak that they have already implemented countermeasures to make sure all Italians will be able to access their site. “We’re working on setting up a really annoying system for them to filter,” he said. “Some of the ISPs decided to nullroute – so we changed IP so it works for them now some other decided to block the domain name so we added labaia.org, which means “the bay” in Italian.”

As usual, the popular BitTorrent tracker is not going down without a fight, and The Pirate Bay team is determined to keep the site accessible to all Italians. They will also contact the prosecutor, and they invite Italian lawyers who know how to counter this legally, to contact them.

“We’re quite used to fascist countries not allowing freedom of speech. A lot of smaller nations that have dictators decide to block our site since we can help spread information that could be harmful to the dictators,” Sunde wrote in a blog entry.

This is not the first time that ISPs were forced to block access to The Pirate Bay. In February, a Danish court ordered the ISP “Tele2″ to block its customers from accessing the site. The decision, which is currently under appeal, once again heated the debate on ISPs Internet filtering.

This Danish court case was initiated by the IFPI, that later tried to use the “landmark decision” to force Swedish ISPs to do the same, but failed. In fact, it seems that filtering traffic to The Pirate Bay is actually illegal according to European law, and it is highly doubtful that the block in Italy is lawful.

Sunde has his suspicions about the reason for the block, he told us: “It’s quite funny that the country Italy is run by the biggest media mogul of them all. we’re his competitors.” Whether or not Berlusconi was personally involved, blocking The Pirate Bay is doomed to fail, and will only strengthen the popularity of the site in Italy.

developing story… updates soon.

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