Brein will use tracking software to find ‘frequent seeders’




Brein wants to use its detection software from this year for the detection of frequent seeders. The foundation would already use the software since last year to find IP addresses of first and large uploaders.

Tim Kuik, the director of the foundation, confirms to Tweakers that Brain wants to use the detection software from this year to find IP addresses of frequent Dutch seeders. These are uploaders who, after collecting files, continue to share copyrighted work frequently through torrent networks. In the past, Brein focused on ‘first and large uploaders’, which often make the files available first via torrent networks and thus serve as a source.

Kuik indicates that the foundation is still investigating when the software can be used exactly for this purpose. It is still unclear how Breins system works and when Brein thinks that seeding is ‘frequent’. The Authority for Personal Data approved the collection of IP addresses with the software in 2016 . Brein wanted to use the system at the beginning of that year, but that did not happen and in 2017 and 2018 it remained silent. Brain wanted to wait for the introduction of the AVG, the reason was then.

By the end of 2018, the detection software was already being deployed, Kuik now claims. The software would have helped in finding IP addresses of ‘large uploaders’. Brain last week announced last year that seventeen uploaders have addressed in an overview of its activities in 2018 . The identity of the uploaders has not become known via the IP addresses, but through other research by the foundation, such as via forums and requests from usenet providers. Settlement has been made with sixteen of the seventeen uploaders. Kuik reports that the remaining uploader will receive a summons.

Large and well-known uploaders such as the DMT release group stopped in 2015 were found to be able to find out about forums through online research, but frequent seeders leave behind their digital IP address after their digital IP address. This makes it difficult to trace naw data and Brein plays it via the internet provider, with first a request to warn the customer and eventually to provide customer data. To what extent the foundation can count on the cooperation of ISPs differs per provider.

ICT lawyer Arnoud Engelfriet says that providers have to make that decision themselves. “If it is clearly correct that the plaintiff is entitled to the name and address data, they simply have to hand it in. If they do not, they are liable for the damage. that a group like Brein incurs. “, says Engelfriet. He adds that the standard of evidence may differ per case. “I can well imagine that a provider says:” We do not find this right, but referring to the judge is of course appropriate. ”

A spokesman for VodafoneZiggo reports to Tweakers that although the provider is against piracy, it does not provide customers with a customer’s name, unless the court enforces it. KPN also said that it does not simply provide NAW data without a court order. How the judge will judge the burden of proof of the collected IP addresses can not yet be said. In December 2015, the Court of Appeal ruled that Ziggo was obliged to hand over a customer ‘s name data to Brein when it turned out to be in possession of a SpotWeb site with nzb links to files on Usenet.


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