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Web Host Loses BitTorrent Appeal

By Justin Lee, theWhir.com

July 14, 2008 -- (WEB HOST INDUSTRY REVIEW) -- A judge has ordered web hosting provider EuroAccess (euroaccess.com) to disclose the personal information of a torrent site administrator, as well as to pay all of the costs associated with bringing the case to court.

   
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The web host had previously refused to hand over the details of torrent site torrent.to, which has since been moved to Sweden where it continues to operate.

The Netherlands was previously considered a safe location for BitTorrent sites to host their file-sharing networks. But just a year ago, Dutch anti-piracy organization BREIN began threatening these sites with legal action, forever changing the once-relaxed position in the region.

Similarly, LeaseWeb (leasweb.com), which was once considered one of the largest BitTorrent hosts, was ordered last year to take down BitTorrent tracker, everlasting.nu, which led to the departure of several other BitTorrent sites.

BTjunkie, Demonoid, What.cd and Waffles.fm all soon left Leasewebs, either voluntarily or after being urged by the web host.

Last week, Leaseweb lost an appeal it filed against BREIN, where the Amsterdam court maintained its earlier decision that ordered the web host to shut down the BitTorrent tracker everlasting.nu, as well as disclose the admin's personal details.

The court ruled in the case of EuroAccess that its customer, torrent.to, was facilitating copyright infringement, and ordered the web host to shut down the site, as well as give up the information of the site owner to BREIN.

However, the ruling here differs in that the judge automatically deemed torrent.to as "illegal", as BREIN did not have to present any evidence in proving this notion.

The case signifies that web hosts will be forced to comply every time BREIN requests them to shut down a site and disclose any information regarding their customers.

EuroAccess will likely be approached by BRIEN with more takedown requests, while BREIN's "win" could lead to more court cases and cause other BitTorrent hosts to move to Swedish web hosts.

Last month, Cleveland authorities arrested six people for allegedly sharing music files through the former BitTorrent tracker OiNK.cd.

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