Well known phenomenon of ‘provider hopping’ (thank you ‘safe harbor’, ‘mere conduit’, ‘don’t shoot the messenger’, ‘we’re just an intermediary’ doctrines) essentially circumvents and disqualifies justice system and creates a safe haven for criminals too.
A Dutch Court has determined that provider XS Networks was supposed to take down SumoTorrent immediately after BREIN had requested its takedown. It should have been clear to XS Networks that the sole purpose of SumoTorrent was copyright infringement. XS Networks has instead allowed SumoTorrent to go and look for a new provider.
Although the site has now already jumped to another provider in Ukraine, the Dutch judge did add that XS Networks will have to compensate for any damage caused, due to the fact that it decided to continue to host the website for a certain amount of time. It is not known just yet how large the fine for XS Networks will be and how that fine will be calculated.
More importantly, XS Networks has to hand over all relevant personal details of the SumoTorrent operator(s) to BREIN within three days. Previously, they have handed BREIN personal details of which it was quite obvious that they were fake.
SumoTorrent hosts 4.5 million torrent links, predominantly to pirated movies, books, games and software, BREIN has stated.
Dutch language news article:
http://www.nu.nl/internet/2941446/nederlandse-host-moet-torrentsite-offline-halen.html
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