Where once it ran rampant, vastly improved official offerings have ensured that millions of former pirates are now enjoying music legally via convenient streaming services such as Spotify. However, there is no shortage of people who prefer to have personal archives of illicit MP3s stored safely on their own machines.
This content can be easily obtained from web-based pirate sites, torrent platforms, and the aging Usenet system. The latter is often (and incorrectly) considered to be a safer option for distribution but for one uploader, things haven’t played out that way.
According to news from Dutch anti-piracy group BREIN, a “large-scale” Usenet uploader has recently agreed to pay the not inconsiderable sum of 10,000 euros ($12,374) to make a potential lawsuit disappear.
BREIN says the person was responsible for uploading unlicensed music releases to Usenet in breach of copyright, including recent albums by Ed Sheeran and Justin Timberlake. However, BREIN also criticizes the Usenet providers who facilitate this kind of sharing.
“Although such uploaders usually do this free of charge for the status they receive from illegal downloaders, it is the Usenet providers that make money by selling subscriptions for access to their servers,” says BREIN director Tim Kuik.
“Such providers like to close their eyes and claim that they do not know what is happening on their servers and only take action when they receive a notification.”
Alongside BREIN’s suggestion of willful blindness to infringement, there’s also the issue of compliance when Usenet operators are presented with an official complaint. Dutch case law requires that when a “reasonable” case of infringement is presented, they must give up the identity of the alleged infringer. In this case, that’s exactly what happened.
“BREIN has, in order to obtain the details the uploader, requested the Usenet provider of this uploader to provide the data. This request was answered,” the anti-piracy outfit reveals.
Unlike other jurisdictions where a specific court order is needed for disclosure, in the Netherlands no such process is required. BREIN has taken advantage of this position in many previous cases, insisting that providers who don’t disclose when there are reasonable grounds are acting unlawfully.
Following BREIN’s approach and the 10,000 euro settlement, the anti-piracy outfit says that the uploader took to Spotnet, a piece of software that allows downloading from newsgroups, to announce his demise.
“As you may have noticed, I have not been actively uploading for a while, because BREIN finally found my details and I have been asked to stop acting as an uploader of copyrighted music content to Usenet,” the uploader wrote.
“I have made a settlement with BREIN. A part of this settlement consists of the payment of a considerable sum of 10,000 euros, so I stop with uploading and advise other uploaders to think carefully about whether they want to continue. BREIN doesn’t stand idly by either. They are willing to take the necessary steps to get your details.”
BREIN says that the circumstances of the uploader were taken into consideration when reaching the 10,000 euro figure but whether the full amount will ever get paid will never be publicly known. That being said, the publicity attached to the settlement agreement will be worth more to BREIN than the cash alone.