Court Rules Blocking TPB Ineffective: PPAU Crowdfund Translation
Update: the translated ruling is now available for dowload (pdf).
Earlier this year, a Dutch Court ruled that not only was blocking the Pirate Bay ineffective, BitTorrent traffic in the Netherlands had actually increased since the Pirate Bay was blocked. The Court decided that two ISPs (Ziggo and XS4ALL) — originally ordered to block the Pirate Bay in 2012 — were no longer required to block access. This Hague Court of Appeal’s decision ECLI:NL:GHDHA:2014:88 is better known as “Ziggo v BREIN“.
This court case has enormous ramifications for Internet filtering proposals worldwide. Pirate Party Australia is currently raising $3000 to translate the decision into English. Because it is such an important document the Party is arranging for a certified translation to ensure that it is accurate and reliable as evidence. Once translated, the document will be published for everyone to use.
Pirate Party Australia has always placed a strong emphasis on evidence. The Party’s policies and submissions to government inquiries always feature an impressive list of sources. But sometimes important sources simply aren’t available in English. Many court decisions relating to Pirate issues are handed down in continental Europe, and are never available in English. For Anglophone Pirate Parties this can make it very difficult to argue successfully against proposals like website blocking. While these sources are understandable enough to those of us capable and patient enough to use web applications (such as Google Translate), this is often not enough for government officials (often lawyers) who believe they need a formal translation.
In Australia, the Government has proposed allowing copyright holders to apply for court orders blocking access to certain websites. Important legislative and public policy changes in Australia often involve several levels of public consultation, usually beginning with a discussion paper. The first paper canvasses the Government’s position and puts forward a proposal or set of reforms. The public can then submit evidence, arguments and further ideas on the proposals or issues.
Pirate Party Australia makes regular submissions to Government inquiries and reviews, having made eleven submissions in the last nine months. These include criticisms of trade agreements, free speech issues, wiretapping and website blocking, patent reform, national security and copyright. The Party referred to Ziggo v Brein in its last submission regarding online copyright infringement.
As avid supporters of the public domain, and the creation of content, we thought we could demonstrate our dedication to digital culture by translating this very useful legal asset into English, so that we may more effectively argue against absurd incursions into our lives in the name of stopping copyright infringement, said Brendan Molloy, President of Pirate Party Australia.
The campaign to raise the AUD $3000 for the translation ends on 1 October 2014(6:30 UTC). The rewards are available internationally if postage costs are covered.
Featured image: CC BY-NC-SA, 7of666
About Mozart Olbrycht-Palmer
I've been a member of Pirate Party Australia since 2011. I am the current Press and Inquiries Officer, and was previously on the board of Pirate Party Australia, as well as overseeing policy development. I was also once a member of the Pirate Parties International Court of Arbitration. I have a degree in music, and am nearly finished a degree in law. I live near Sydney.