The Pirate Bay add a domain to bypass court order

https://torrentfreak.com/the-pirate-bay-adds-domain-to-bypass-court-order-111005/

by sp332 • 15 years ago

86 9 15 years ago

gcp• 15 years ago

The ‘error’ above was pointed out by Maarten Schenk and soon picked up by the mainstream media in Belgium. They point out that if the verdict is taken literally, the ISPs don’t have to block the domains without the www. A massive failure

IANAL but I don't think courts think highly of people who intentionally misunderstand court orders.

savramescu• 15 years ago

But the law is the law, not something very similar. Especially things like court orders.

Refringe• 15 years ago

The court order was not misunderstood, it was executed exactly as written. The person(s) who made the final verdict are the ones that misunderstand the technology and that's not the ISPs fault.

wrs• 15 years ago

The judge's directions were overly-specific but I think his intention was quite clear. If you're arrested and put in badly-designed handcuffs that you can open with no effort, I don't recommend taking them off, regardless.

Historical lesson: I had just joined Microsoft in 1996 when it interpreted a court order literally, using this same attitude, and released a version of Windows without any Internet Explorer DLLs, which was of course not functional. Despite this being exactly what he'd ordered, the judge interpreted this as the corporate equivalent of a toddler having a tantrum, and things went (way) downhill from there.

rickmb• 15 years ago

The court order in this case is extremely specific in both what should be blocked and the method of blocking to be applied. It even notes that the blocking is circumventable, but that "it should be assumed the average internet-user will not attempt to find alternative ways to access the site".

Basically, the loopholes the size of a truck are explicitly included in the court order.

IANAL, but I don't think other courts think highly of court orders that intentionally assume the people are idiots.

dasil0032• 15 years ago

The article and the commenters are so smug about how easy it is to register a new domain name, but what if they issue a new court order that applies to all domains now or in the future associated with the Pirate Bay, or they decide to block IP addresses instead?

I don't want to begrudge the basement dwellers their lulz, but access to the pirate bay is by no means guaranteed for the non-tech-savvy.

josefresco• 15 years ago

They don't need to fight battles that aren't taking place. If the court order was different, they would have adapted in other ways. I would also guess that the regular users of TPB are fairly tech-savvy.

dasil0032• 15 years ago

Of course not, but the point is that there are technical measures which could be a lot more onerous. How much would TPB be willing to spend to circumvent more intelligent blocking? My guess is it wouldn't take much before using TPB would require an out-of-country proxy, which can be quite a pain in the ass even for the technically savvy.

bluena• 15 years ago

anyway now the "depiraatbaai.be" is blocked too

The Pirate Bay add a domain to bypass court order

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