The story of the fabricated evidence against The Pirate Bay

This week, the three founders of The Pirate Bay, in response to the court’s decision, appealed the court’s decision in the controversial TPB case. Counsel for the defendants believes that the evidence submitted by BREIN was rigged in an attempt to mislead the court. Now these documents, along with evidence of their falsification, have flowed to the World Wide Web.

In an attempt to ensure that residents of the Netherlands did not have access to Pirate Bay, BREIN sued the three founders of the resource. The Anti-Piracy Office won the case, and Fredrik, Gottfried and Peter were ordered to close access to the tracker for Dutch users, and they decided to appeal against this decision.
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The appeal was heard last week in the Amsterdam court. BREIN's lawyer tried to convince the court that Fredrik, Gottfried and Peter were responsible for the activities of the site. On the other hand, the lawyer for the defendants Ernst-Jean Louver claimed that BREIN accuses the wrong people.

Loover also testified that BREIN submitted a fraudulent report on the company's creditworthiness in order to mislead the court. According to this report, Frederick Nage is the executive director of the company Reservalla, located in the Seychelles, a company that is considered the owner of the Bay.

This oversight of BREIN was noted in court, and Peter Sunde later wrote a detailed article showing the entire groundlessness of the charges. Today, any one of us can make sure that the report is not what it really should be.

Documents proving that the evidence submitted by BREIN was a fake are now publicly available on, of course, The Pirate Bay. The following torrent contains:
- A copy of the expert report submitted by BREIN.
- Pdf-version of the original report of experts.
- A copy of the message from the company Mossack Fonseca, according to which they have never been a registration agent.
- The official response of the Seychelles authorities, showing that the organization registered under the number 32549 is not a company Reservella.

TorrentFreak contacted BREIN trying to get a management comment about this situation, and its head Tim Quick said that the expert report was not used in court, as they already had enough evidence that Frederick, Gottfried and Peter were responsible for the activities of The Pirate Bay.

“Denying responsibility and playing hide-and-seek is what the gentlemen of The Pirate Bay have been doing since the foundation of their illegal business,” Quick said. “We have legally valid evidence to argue that they are still fully responsible for the activities of this resource.”

“The company in the Seychelles looks like a thin veil that serves as a cover, and that its founders also like to play hide and seek, like the gentlemen of The Pirate Bay,” he adds.

Counsel for the respondents categorically disagree with the statements of BREIN. In addition to BREIN’s aforementioned attempt to falsify evidence, he also told the court that the three defendants did not own the site. In addition, the lawyer said that even if they were, The Pirate Bay is not illegal, as it is just one of many file sharing platforms on the Internet.

On whose side the court will stand and whether an attempt to falsify evidence will be taken into account will be known within two weeks, when the final verdict will be announced.

Posted 11/10/09
Translation: Ewig Custos