BREIN is a Dutch anti-piracy program. The letters represent the Dutch acronym for "Protection Rights Entertainment Industry Netherlands" and actually is the Dutch word for "brain". Two years ago BREIN, representing the Entertainment Industry in the Netherlands and internationally (MPA and more), brought legal suit against News-Service.com on grounds of Copyright Infringement. Recently, in an unprecedented judgement, BREIN won their case, and News-Service.com (NSE) has been ordered to do the impossible ...remove all copyright infringing content from their Usenet hosting or face fines of 50,000 euros ($68,000 US) per day.
There has been much discussion on the usenetSHACK about just how impossible it may be to kill Usenet, but this is coming damn close. If it is impossible to comply with the court order, by successfully filtering the 15 to 20 million messages transacted daily via Usenet, then News-Service.com may be forced to shut their doors. Sad to watch one Dutch company successfully destroy another as this may be precedent setting ...in the Netherlands. At this time NSE is considering whether it should appeal the courts decision, which claims that NSE willingly facilitates copyright infringement through its services.
It's apparent to this Commentator that global forces are converging via BREIN as a way to shut down Usenet, one provider at a time. By shutting down this core Usenet provider they will laterally be shutting off provisioning to resellers such as Binverse and Usenext. I added BREIN's link up top so you can read their participants, their Mission, and their goals. Whether or not this adjudication can transcend Dutch borders is yet to be seen, but it certainly proves it possible. At this point I am speechless, translation: there's no way I can make this funny. It is the culmination of my whole stance taken here on the SHACK. The predictions have come true. Read between the lines, as BREIN's President Tim Kuik claimed this verdict as "...a breakthrough step to further dismantle the availability of illegal content on Usenet,”
If it is NOT possible to sift the wheat from the chaff, in terms of what is and what is NOT copyright infringement on Usenet, then we will see ALL the wheat being throw out. If they can think it OK to believe this verdict need not take that fact into consideration, then you must understand their intent is to shut down Usenet in it's entirety! The day is here. We need no longer refer to this as paranoia. The Opposition is no longer singling out Child Porn, or espionage, or Intellectual Property infringement. If this precedent gains momentum, your online privacy and Freedom are next. What? Not possible?
No Cheer,
Bo
103 Comments
I don't think it's dead it's just restructuring right now. I hope that it will rise again like a pheonix. Jocuri mario
Is there any Usenetprovider who is really affected by this decision? I heard something about Usenext but it seems that they are still online and working.
Chr1s,
Thanks for stopping by the SHACK and asking a meaningful question. Being a Usenet provider in reality requires a huge amount of diskspace, as in Petabytes. In order to be competitive and deliver things like 1,000+ days of retention, do the math on what is currently terabytes daily posted to Usenet and you get a clear picture very quickly. It also points to the ridiculous task of trying to filter out all the intellectual property issues to meet the demands of this judgement.
This judgement was directed at News-Service.com because they are the actual owners of those disks. They also have Resellers that buy access to the main News-Service.com servers, but sell it as their own brand. The article quoted above listed Binverse and Usenext, but it's unclear how they may be immediately affected as a reseller or if they indeed made other Usenet service providing arrangements.
My opinion on the SHACK has always been about the "snowball effect" and how these legal "wins" provide momentum to what partnerships like BREIN are selling ...which is dismantling Usenet piece by piece. Two days ago News-Service, Europe's largest Usenet provider, shut down.
I think people blew this off as an obviously stupid and clearly impossible legal angle, and most folks like you (and me!) are in disbelief at this incredulous judgement against News-Service.com. Make no mistake, it's real, and no matter how they made it happen, the MPA has successfully pulled the plug on Usenet target #1 in the EU.
Thanks again for commenting, and realize this is only the beginning for this type of International partnering of America's Entertainment and Software Industries with other countries. For us, let it now be clear they know how to do it successfully. We can only demand that our courts and corporations don't trample our Freedoms enforcing outmoded laws that were originally created to protect celluloid and magnetic tape duplication.
My opinion is that these laws will never be revisited by an older generation entrenched in a fixed concept of how the physical realm is transformed into a binary one. Only one side had a say in how these laws were created, and only their financial protection was considered. Just look at books, once freely available, now instantly available for a price. That's cool, but when you attempt to get it freely and instantly, say hello to your new Librarian "Crusher", he's in for Manslaughter.
Bo
It is time to kill the internet as a whole because undoubtedly there are many illegal copies there?!
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