The Sweden Court ruled today that ISP must had over the operator details behind major BitTorrent Tracker OpenBitTorrent, currently hosted by Portlane. ISP now must provide operator details or be ready for a fine.
Yesterday TF reported how a Swedish appeals court had upheld an earlier ruling which ordered an ISP to hand over the details of a torrent site operator. If it fails to supply several movie companies with the name of the customer behind the SweTorrents site, ISP TeliaSonera faces a 750,000 kronor ($96,500) fine.
However, TeliaSonera may appeal the decision yet and potentially win, today brings news of a new IPRED case on an altogether bigger scale.
As The Pirate Bay relocated & obfuscated its real location to avoid any detection,it also changedits structure & mode of operation in order to stay alive & online.Last year, TPB shuts down its tracker relying on DHT,LPD,PEX & Third party trackers like OBT,PBT OR OT etc.
“OpenBitTorrent is used for file sharing, and we suspect that it is the Pirate Bay tracker with a new name. It is added by default on all of the torrent tracker files on Pirate Bay,” Hollywood lawyer Monique Wadsted said.
In November Hollywood announced they would sue OpenBitTorrent host Portlane in an attempt to force the closure of the tracker.
In December the Stockholm District Court rejected calls to close down the tracker, a decision that is currently under appeal with the studios claiming that Portlane should take responsibility for the infringements being facilitated by OpenBitTorrent.
While that game of legal-tennis continues, the studios have today won another significant battle, this time in a Stockholm court. While there has been speculation about the identities of those behind OpenBitTorrent, that information has been impossible to verify.
“The Court orders Portlane under pain of a fine of SEK 500,000 ($63,633) to provide the Studios with the name and e-mail address information [ OBT Operators],” said movie industry lawyer Monique Wadsted.
The ruling covers the customer behind the IP addresses 188.8.131.52 and 184.108.40.206 and/or any other IP addresses in Portlane’s entire range (220.127.116.11 – 18.104.22.168) which have been allocated to tracker.openbittorrent.com since August 28, 2009. The Court also ruled that Portlane should state whether or not the customer is situated inside the EU. The operators of OBT say they first got together in Lima, Peru, although their nationalities and current locations are unknown.
Portlane has 14 days to hand over the information to the studios but may yet still appeal this decision.
OpenBitTorrent has never portrayed the ‘jolly roger’ style of The Pirate Bay and even has a DMCA-style notice and takedown procedure to stop the tracking of torrents. Even so, it would be surprising if they hadn’t anticipated the possibility of a court ruling like this and taken the necessary steps to hide their identities from Portlane.