In a further effort to desperately try and prevent additional site blocking verdicts, XS4ALL Managing Director Theo de Vries is now claiming that blocking The Pirate Bay is counterproductive because the internet service provider has only seen overall Bittorrent traffic increase as of late. He makes his statement in an article in the Economy section of Dutch magazine Elsevier.
De Vries does not mention specific traffic data and also does not elaborate on whether the website itself has become more popular in The Netherlands. Also, the blocking measure relates to a website, not the entire BitTorrent protocol, so one can expect file sharers to seek out other BitTorrent platforms now that The Pirate Bay has been blocked.
Secondly, XS4ALL isn’t one of the major ISPs active in The Netherlands and the blocking measure has not been widely implemented by every Dutch ISP just yet.
Regardless, The Pirate Bay website’s popularity in The Netherlands has recently dropped from the 27th spot to number 43 on Alexa’s site popularity list for The Netherlands.
In The United Kingdom, similar events are taking place as The Pirate Bay website has recently dropped to the 63rd spot, starting out as the 39th most popular website in that country, before it was subject to site blocking measures very recently. As in The Netherlands, not every ISP in the UK is fully blocking The Pirate Bay website just yet.
Dutch language news article:
http://www.elsevier.nl/web/Nieuws/Economie/339993/Pirate-Bayblokkade-werkt-niet-tegen-downloaden.htm
Previously:
XS4ALL Home Page ‘Black Out’ As A Protest Against Imposed Pirate Bay Blockade. Mere Conduit?
Translation of banner text:
Today is a black day
Wednesday 1st February 2012: for the first time in history a Dutch ISP is being forced to render a foreign site inaccessible. On the basis of an order of the Court of The Hague, XS4ALL is required to block a number of IP addresses and domains.
The judge felt that freedom of information – a fundamental right of European citizens – was being outweighed by the interests of the entertainment industry. A wrong judgment. Therefore XS4ALL will appeal the ruling.
Theo de Vries
General Director XS4ALL
In his verdict, the judge noted that he should be careful and even reserved when being asked to impose remedies related to access to the internet. He noted that those remedies can only be applied when it is sufficiently certain that claimed (copyright) infringements have occurred and conditions in relation to proportionality and subsidiarity have been taken into account. The Court felt that those conditions had been met.
The judge specifically noted that this was about a balance between the protection of copyrights and neighbouring rights of the rights owners versus the protection of the freedom of entrepreneurship of ZIGGO and XS4ALL.
Dutch language verdict:
http://zoeken.rechtspraak.nl/detailpage.aspx?ljn=BV0549&u_ljn=BV0549

http://www.xs4all.nl/ on 1st February 2012
Dutch language news article:
http://www.nu.nl/internet/2729223/xs4all-zwart-protest.html
See also:
http://vrritti.com/?s=xs4all
http://vrritti.com/2012/02/01/xs4all-home-page-black-out-as-a-protest-against-imposed-pirate-bay-blockade-mere-conduit/
and
Every XS4ALL Customer To Receive Free Spotify Premium Subscription
http://vrritti.com/2012/05/23/every-xs4all-customer-to-receive-free-spotify-premium-subscription/
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