
It has begun; the first step to network censorship in the Netherlands. The judge closed the case of Brein (anti-piracy organisation) versus Ziggo and Xs4all (two large internet providers) where Ziggo and Xs4all has to block all IP addresses of The Pirate Bay for their abonnees. I find this a disaster for the network neutrality in the Netherlands, even though it’s only one website. Now it’s one website, but in the future more will follow, count my words.
What I’m flabbergasted about, is the motivation of the judge. The proof Brein delivered in court were three samples where they showed that a large group of the abonnees of Ziggo and Xs4all are using The Pirate Bay for downloading copyright material, but what’s the proof? For sure, these people are using torrents, but how do they know these torrents come from The Pirate Bay? The tracker of The Pirate Bay has been offline for one or two years, but if you look closely in the torrent files, the tracker link is still there. Brein thinks this is part of any evidence to proof they’re right, but it isn’t. This tracker link is also in torrent files downloaded from other websites who make torrent files available. That’s the weird part.
A questionable part that follows, is where lies the responsibility? Are the ISP’s or the users them selves responsible for not sharing copyright material? It might be easy to say the ISP’s are responsible for this matter, because they clearly provide the access to these sort of websites. Blocking the access and the problem is gone, right? Not the slightest, because the problem still remains. The users them selves still share the material, but this time to other websites that are still available. You can see this is a cat-and-mouse game who will be the strongest. One website is down, others pop up again that have the same purpose: distributing information. If Brein was smart enough they would see that the users are the main problem and thus they should take care of these users.
But hear me talking about ‘taking care of’ to make the internet better. What is making the internet better? In other countries it already happened, e.g. the Three Strike law in France. It’s not because I’m fed up with Brein because they took away a resource for downloading, but because they took away a part of the internet. The fundamental idea of the internet has been disappeared ever since the personal computer joined our lives because we copied our lives to the internet, so also our common values. This means that things like copyright and ‘stealing’ made his appearance on the internet since the majority of the people started using the internet. Now that Brein demands Ziggo and Xs4all blocks the IP addresses, people simply can’t go to these websites anymore and thus the spirit of the internet is gone.
What’s next? I’ve read Xs4all already made an appeal to the higher court, but what will Ziggo do? I hope they aleso will make an appeal, because this action of Brein is not acceptable. Therefore we have to wait until the higher court has given it’s sentence. By the way, Ziggo and Xs4all still have to block the IP addresses even though they still can make an appeal to the higher court.

A funny fact is that there are ways of circumventing the IP address blockades by ISP’s. Using the Tor project, a VPN service or a proxy you can still access the website even though the ISP has blocked the website. This is another reason why this whole process agains Ziggo and Xs4all is wasting time. You make it harder for the average internet user to access these kind of websites for sure, but the intention to share is still there. Not at the website side, but at the users side.
I hope this makes you think about the whole concept ‘network neutrality’. The countries of which I would have thought it wouldn’t budge for the anti-piracy actions of Brein and hold tight onto the network neutrality, the Netherlands was definitely one of. But after today I begin to doubt if this is still true…




