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Sweden’s IIS Faces The Court Of Law; Prosecutor Accuses The Organization Of Assisting Copyright Infringement


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Sweden’s IIS Faces The Court Of Law; Prosecutor Accuses The Organization Of Assisting Copyright Infringement

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The Internet Infrastructure Foundation (IIS), Sweden’s company in charge with top-level domain name registrations (.se), refused to put down two of The Pirate Bay’s domain names and is now charged by the country’s prosecution office with assisting copyright infringement.

A little bird told The Pirate Bay (earlier this year), that Swedish authorities will go after its .se domain names. As such, TPB dropped the anchor in Greenland, then in Iceland, and finally in Sint Maarten (.SX).

Although TPB no longer uses any of its .se domain names, Swedish authorities are determined to cut all of the ship’s connections with the IIS. As such, the Swedish Prosecution Authority filed a petition (at the beginning of this month) with the Stockholm District Court, asking IIS to take action against thepiratebay.se and piratebay.se. The organization refused to comply.

“The legal system has not been able to shut down the service after the previous guilty verdict against TPB,” IIS’s Chief of Communications Maria Ekelund told TorrentFreak.

“Therefore the prosecutor has opened a new case against both the domain holders and .SE. The prosecutor is accusing .SE of assisting TPB who are assisting others to commit copyright infringement.”

“In the eyes of the prosecutor, .SE’s catalogue function has become some form of accomplice to criminal activity, a perspective that is unique in Europe as far as I know,” IIS’s CEO Danny Aerts said.

“There are no previous cases of states suing a registry for abetting criminal activity or breaching copyright law,” he continued.

As far as the company is concerned, they did nothing but to provide with a service that’s meant to link URLs to a specific IP address, just as they do for Google(.se).

“.SE translates the .se domain names to name servers, a name server operator translates this into an IP address and a resolver operator (such as Telia) helps .SE respond to the most frequent queries,” Aerts explained.

“IP addresses are subsequently allotted to an Internet Service Provider (ISP) through RIPE. And IANA grants us the right to administer the top-level .se domain. Perhaps I should also remember to mention Google, which helps you find the address if you do not know the domain name.”

In other words, this complex system is keeping the internet online, and IIS is not the only one responsible for doing so.

“Where should the line be drawn for legal processes and matters of liability?” Aerts asked.

“.SE will naturally respond to the prosecutor’s perspective. We have an educational task ahead of us in explaining to the District Court what a domain name is, what .SE does and the fundamentally incorrect nature behind seizing a domain name forever,” he continued.

Unfortunately for the company, the trial will cost a whole lot of money, money that will be taken out of ISS’s educational programs.

“This will be an expensive process and, although our lawyers will find it an interesting case, these are funds that we would rather spend on our investments in schools or digital inclusion,” Aerts stated.

If the Swedish Prosecution Authority wins the case, IIS will be forced to erase any evidence that thepiratebay.se and piratebay.se ever existed as registered under .se domain names.

“Removing a domain name can be compared to taking down the signs hanging outside the shoe store. Although this would make it more difficult for customers to find the store, it would still be there and any customers who were able to find it would be able to continue buying shoes there,” the company’s CEO concluded.

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