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This was my first thought, however there was this at the bottom of the article: The advocate general added that this also depended on whether the link was in

This was my first thought, however there was this at the bottom of the article: The advocate general added that this also depended on whether the link was indispensable in making the photos available, a matter which he referred back to the local Dutch court. I believe the argument is that while The Pirate Bay only links to copyrighted content, they are integral to making that content available (since very few sites have these link listings). If widely available search engines indexed magnet links then I think TPB would be legal under this opinion.

saulrh 11y ago
There are widely available search engines indexing magnet links; it's just that they're all other torrent sites. Each individual site isn't integral to making that content available, but the class "torrent site", taken as a whole, may be. I'm not sure how the interpretation would work here - "would be integral if it were the only extant illegal source"?
semi-extrinsic 11y ago
I'm not sure TPB is what they're thinking about. I think it's closing the loophole where EU sites could host all their infringing content under another jurisdiction which doesn't care about copyright, and then just linking to it.
the8472 11y ago
> they are integral to making that content available (since very few sites have these link listings). What is "very few" in your opinion? There are dozens, even hundreds of torrent sites out there. They often also meta-index data from each other, serving as a sort of ad hoc replication.
pbhjpbhj 11y ago
So, if Google is the only site that has spidered my content and my content is infringing then Google is also infringing? Obviously Google are too rich for the argument to work against them, but say a popular blogger finds a website with little traffic and some great content and links to it; they then would seemingly become responsible for the original site's infringement? One can see why the media lobby would want to leave in the option to declare TPB illegal but it seems an unworkable reservation if we're to hold to the rule of law. Kinda like (stealing someone else's analogy up-thread) if you charge someone with public indecency for pointing out there was a person being indecent - inappropriate nudity, say - if not many people had noticed the indecency prior to the declaration. Seems pretty mad to me.

saulrh 11y ago

There are widely available search engines indexing magnet links; it's just that they're all other torrent sites. Each individual site isn't integral to making that content available, but the class "torrent site", taken as a whole, may be. I'm not sure how the interpretation would work here - "would be integral if it were the only extant illegal source"?

semi-extrinsic 11y ago

I'm not sure TPB is what they're thinking about. I think it's closing the loophole where EU sites could host all their infringing content under another jurisdiction which doesn't care about copyright, and then just linking to it.

the8472 11y ago

> they are integral to making that content available (since very few sites have these link listings). What is "very few" in your opinion? There are dozens, even hundreds of torrent sites out there. They often also meta-index data from each other, serving as a sort of ad hoc replication.

pbhjpbhj 11y ago

So, if Google is the only site that has spidered my content and my content is infringing then Google is also infringing? Obviously Google are too rich for the argument to work against them, but say a popular blogger finds a website with little traffic and some great content and links to it; they then would seemingly become responsible for the original site's infringement? One can see why the media lobby would want to leave in the option to declare TPB illegal but it seems an unworkable reservation if we're to hold to the rule of law. Kinda like (stealing someone else's analogy up-thread) if you charge someone with public indecency for pointing out there was a person being indecent - inappropriate nudity, say - if not many people had noticed the indecency prior to the declaration. Seems pretty mad to me.