At the time Leaseweb was hosting dozens of torrent sites, including Demonoid, mybittorrent.com, btmon.com, btjunkie.org, seedpeer.com, what.cd and waffles.fm. Although Leaseweb decided to appeal the decision, the torrent sites were no longer welcome, and were asked to find a new ISP.

Yesterday the appeal was denied, as the Amsterdam court again ruled that everlasting.nu was facilitating copyright infringement by allowing their users to download copyrighted content via torrents hosted on their site.

Leaseweb’s defense argued that Everlasting was not facilitating copyright infringement, because the torrent files itself are not copyrighted. However, the judge ruled that this was irrelevant, since the files are an essential part of the download process.

Leaseweb’s lawyers further argued that the tracker is not necessary for the download process, that the torrents could be mislabeled, and that there are also BitTorrent clients that do not upload (downloading music and movies is legal in the Netherlands), but their arguments did not impress the judge either.

At the moment it is still unclear what this means for future cases, such as the upcoming court case between Mininova and BREIN. In the ruling the court places a lot of emphasis on the tracker, as an essential component of the infringement process. Mininova does not operate a BitTorrent tracker.

It is however very unlikely that Leaseweb will ever host a BitTorrent tracker again. The ISP that once was a safe haven for most torrent sites is most likely done fighting.

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

Now, even though an appeal in respect of Everlasting.nu is still pending, an emboldened BREIN has moved to get 6 further Leaseweb-hosted torrent trackers shut down, including the popular Araditracker, BitHQ and Peerportal, who between them tracked 9,000 torrents.

In a move which is bound to concern many other administrators who have their sites at Leaseweb, the host has again given up the personal details of the tracker admins. All three named sites have now left Leaseweb (and the Netherlands entirely) and have secured hosting elsewhere in Europe and US but this exodus doesn’t seem to concern BREIN who seem intent on pursuing the owners outside the Netherlands.

Tim Kuik of BREIN said “we have the names and addresses of these administrators, so we can get to these people through our contacts abroad.”

Armed with these names, BREIN says it intends to go after the administrators to force them to compensate content owners for lost revenue and prevent the sites from starting back up again.

With two out of the three sites already fully operational, it looks as if BREIN’s main aim of closing these sites has failed – in the biggest possible way.

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