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Bescherming Rechten Entertainment Industrie Nederland

Stichting BREIN (Bescherming Rechten Entertainment Industrie Nederland)
BREIN logo.jpg
Motto The Art Of Protecting The Creative
Formation 1998
Type Stichting of the entertainment industry aimed at stopping piracy
Headquarters Hoofddorp
Location
  • The Netherlands
Chairman
Tim Kuik
Website anti-piracy.nl

The stichting BREIN (Bescherming Rechten Entertainment Industrie Nederland) translates roughly as association for the Protection of the Rights of the Entertainment Industry of the Netherlands. BREIN (English: Brain or Brains) is an association in which the Dutch recording industry and movie studios participate.

Several organizations or rights holders in the Entertainment Industry are participants in the organization. Those are amongst others:

BREIN is known for shutting down Dutch eDonkey 2000 link giant ShareConnector in December 2004. Due to controversy over the legality of links to illegal content, and a lack of quality in the evidence provided by BREIN, the case was not put to trial for several years. After being offline for two years, ShareConnector reopened in December 2006 but on November 12, 2007, Shareconnector went offline again.

On March 16, 2010 the Amsterdam Court of Appeal ruled that sites that offer hash links (like .torrent links) were facilitating copyright infringement, an unlawful behavior. Shareconnector did not make the content available to the public because they did not have control over the content itself and they did not interfere in the up- and downloading process. However, the Court of Appeal ruled that the site was illegal because their procedure made it easier for users to retrieve the illegal content from the eDonkey network.

On October 23, 2007 BREIN, together with IFPI, BPI, Dutch police, and other organizations shut down prominent Bittorrent tracker Oink's Pink Palace.

In a civil court case which BREIN filed in the Netherlands against the founders of The Pirate Bay, on 22 October 2009 the Amsterdam District Court ruled that The Pirate Bay was not making a direct infringement but its facilitating activities amount to an unlawful act. The Court ordered The Pirate Bay to remove a list of torrents that link to copyright-protected works in the Netherlands and to make these torrents on its websites inaccessible for Internet users in the Netherlands. The Pirate Bay ignored the verdict.

In January 2012 BREIN announced that a Dutch court had ordered Ziggo and XS4ALL to block all access to The Pirate Bay. On May 10, 2012 this judgement was followed by a court order of the District Court in The Hague against UPC, KPN, T-Mobile and Tele2 to also block The Pirate Bay for their customers.


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