BREIN head Tim Kuik claims that FTD supporters are behind the DDOS attack on the BREIN website. He claims that the timing between the FTD takedown and the attack make the culprits obvious. Does it really? Certainly the timing is close but suspicions and conjecture do not equate to facts and BREIN hasn’t been all that good at making friends lately. Not only have they gone after FTD, but also the Swan website and a number of other Usenet sites recently.

DDOS attacks are not the answer however. Arnoud Engelfriet the legal council of FTD in the recent BREIN case states that “Executing DDoS attacks only strengthens the image that filesharing or downloading is a criminal activity, which does not help the cause.” He is right of course. Mixing a legitimate debate of intellectual property laws and an illegitimate attack on a website can easily and quite quickly taint the worthy topic at hand.

There is another possibility for the source of the DDOS of course, BREIN itself. With the history of their heavy handed tactics in the past would it be out of the realm of possibility that they have done this to themselves to continue to muddy the waters between reasonable debate and illegal activity? I would argue that it is not only within the realm of possibility but within the style of their playbook. To look back and find their most recent illegal activity on shutting down a service one only needs to go back to an incident in January. Where they took down sites who’s legitimacy and legality were beyond reproach even by BREIN’s standards. Either way it’s high time BREIN begins acting like the legitimate organization it claims to be.