TorrentFreak is reporting that our favorite Netherlands anti-piracy group, BREIN, is forcing the shutdown of numerous Usenet and NZB sites. This list includes: nzbkingdom.net, Twilightnzb.com, Furiousnzb.net, Shreknzb.com, Team-Casanova.com, Crosspost.nl, Cobra-team.nl and FTAClub.net. They of course managed to get some leverage with the court win over FTD (all this despite the fact that only 13 of the more then 1/2 million FTD users reported and uploaded infringing content, and even then who’s to say these anonymous persons didn’t actually work for BREIN). According to lawyer Arnoud Engelfriet

“BREIN is using the FTD verdict to threaten other sites into closing. Even though the verdict clearly said downloading is legal and ‘facilitating’ downloading is legal as well, BREIN is now saying that sites that provide NZB files are facilitating illegal downloading.”

It seems to me that BREIN is overstepping its bounds, something it is quite fond of doing. In an separate article TorrentFreak is reporting that BREIN has gone ahead and taken down the site known as Swan. Interestingly, neither the recent FTD ruling nor any other recent event has given them the legal authority to do so and the fine people that run Swan not only managed to seize back their servers but are also looking at suing BREIN. It’s about time someone hit them back. While there is certainly a debatable to be had over intellectual property a few things are painfully clear:

  1. Current intellectual property laws do not work in an environment where a single work can appear in multiple formats all of which can easily be shared across the globe in any number of ways.
  2. Being a rights holder or representative of the rights holders does not give you a free pass to do whatever you want wherever you want.
  3. Rights holders need to re-evaluate their monitization of the work product and investigate alternate means of making money.
  4. You can make money on free and can compete against free.

Perhaps it’s time the companies that supposedly represent the result these creative industries themselves get creative.