Stichting Brein extends approach to ‘frequent’ illegal seeders




Stichting Brein focuses its sights on a broader group of internet pirates than just the ‘first and large uploaders’. By using our own detection software, ‘frequent’ seeders also have to come into the picture.

Brein wanted to actually use this software in 2016, after receiving approval from the Dutch Data Protection Authority, but the foundation has waited for the introduction of the AVG and is now preparing for the introduction. That still has to happen this year, says Brein director Tim Kuik against Tweakers.

The software will enable a broader approach, according to Kuik: “The approach of the first and large uploader works well, but there is a larger group of users of exchange platforms that serve as a source, because they frequently use it and remain active as a seeder. , we believe that they take a substantial part in maintaining the system. ”

The director does not want to give details about the operation of the system. For example, it is not clear when a Bittorrent user is considered a ‘frequent seeder’. Kuik: “I do not want to anticipate this yet, but the system takes samples within a certain time span, and if you come up with that, then you fall within the approach model”. For ‘sporadic’ uploaders, people who occasionally use Bittorrent, he does not think they are likely to fall within the policy.

Brein gets lists with IP addresses, but Kuik admits that internet providers will only provide client data after a court order. According to him, however, that practice will not stand if the requests from the anti-piracy foundation meet the conditions of the Supreme Court ruling ‘Lycos / Pessers’, from 2005. It was then determined that intermediaries such as providers have to issue naw data under certain circumstances, if, for example, the infringement is plausible, there is damage and the data can not be obtained through a different route. Providers themselves have to make the decision.

“In any case, we are going to ask the providers if they want to ask their customers to make themselves known to us, which is also in the interests of those customers, otherwise we have to go to court and the costs we have to make. we report on the infringers “, says Kuik.


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