Last year the court decided that Leaseweb had to take down everlasting.nu and hand over the name and address of the owner because the site structurally facilitated copyright infringement, as pointed out by BREIN.

At the time Leaseweb was hosting dozens of torrent sites, including Demonoid, mybittorrent.com, btmon.com, btjunkie.org, seedpeer.com, what.cd and waffles.fm. Although Leaseweb decided to appeal the decision, the torrent sites were no longer welcome, and were asked to find a new ISP.

Yesterday the appeal was denied, as the Amsterdam court again ruled that everlasting.nu was facilitating copyright infringement by allowing their users to download copyrighted content via torrents hosted on their site.

Leaseweb’s defense argued that Everlasting was not facilitating copyright infringement, because the torrent files itself are not copyrighted. However, the judge ruled that this was irrelevant, since the files are an essential part of the download process.

Leaseweb’s lawyers further argued that the tracker is not necessary for the download process, that the torrents could be mislabeled, and that there are also BitTorrent clients that do not upload (downloading music and movies is legal in the Netherlands), but their arguments did not impress the judge either.

At the moment it is still unclear what this means for future cases, such as the upcoming court case between Mininova and BREIN. In the ruling the court places a lot of emphasis on the tracker, as an essential component of the infringement process. Mininova does not operate a BitTorrent tracker.

It is however very unlikely that Leaseweb will ever host a BitTorrent tracker again. The ISP that once was a safe haven for most torrent sites is most likely done fighting.

Source TorrentFreak

Bookmark and Share

More »

Powered by Bookmarkify™

torrentlog.com - Full movie downloads (dvdrips and divx)

BitTorrent Tracker Hosting Illegal Says Dutch Court torrent downloads.

Gazelle, as we reported back in November, is an attempt by the group to replace the aging and buggy TBsource. It is intended as a fast, flexible system, that reduces load on servers and databases, whilst increasing features.

Over the weekend, what.cd was upgraded, so that all of its roughly 43,000 members could try it. Whilst there were initial bugs, including a problem with IRC channel password keys, everything seems to be running smoothly now.

More of a problem was a DDOS the site experienced when it had just gone live to its members. The attack which lasted over 4 hours and pulled 100Mb/sec, frustrated a number of the site’s users.

Also a source of frustration for many was a misunderstanding over a ‘freeleech’ offer. Done as a stress test, it was canceled after 6 hours – the announcement about it said it could last 24.

Many users who grabbed stuff they wouldn’t have gotten otherwise in an attempt to increase their ratio, started downloads and still had them going when it was stopped, which lead to some friction between staff and users. As always, the golden rule is to never download something you don’t want in an attempt to boost ratio.

However, Gazelle is not just for music trackers. Another site, Ntorrents, will be changing over to it shortly, according to an administrator there. This will be as much of a test in many ways for Gazelle as this weekend’s launch on what.cd was. This time though, it will be testing its viability beyond music trackers.

The developers have not yet announced a release date beyond ‘when all the major bugs are fixed’. Stay tuned for more.

This is an article from: TorrentFreak

BitTorrent Tracker Software “Gazelle” Debuts on What.cd

torrentlog.com - Full movie downloads (dvdrips and divx)

BitTorrent Tracker Software “Gazelle” Debuts on What.cd torrent downloads.