BREIN sent me an email...

[Divvy]

Hello friends,

Last friday, I received an email from BREIN.
And my action was to close my website immediately.

1. I think that was the smartest decision to make, what do you say?
I still dont know If I will go to have problems with them... hope not!

If was you receiving this email, what will you do?

2. My website was hosted at Netherlands (worldstream host), dont know If is a good idea to move my website to other location, maybe Estonia? Hong-Kong? What host is better for an warez linking website?

3. How about the worldstream server? Is a good idea to keep the server? Because I have more 12 websites in there... or is better to looking for a new dedicated server outside of netherlands?

4. Did you already received any email from BREIN? If yes, what did you do? Did you got problems? Please give me your feedback...

P.S. Im not from netherlands, Im from Spain...

Stichting BREIN (Bescherming Rechten Entertainment Industrie Nederland)
Siriusdreef 22-28
2132 WT Hoofddorp

Betreft: www.mywebsite.com
Ref.nr.: Brein/SK/2011.XXXXXXX.XXXX

Dear Sir / Madam,

The BREIN foundation acts against piracy of entertainment content (music, film, computergames and other interactive software) on behalf of rights holders and interested parties such as authors, performing artists, publishers, producers and distributors [1]. Together these rights holders represent the lion?s share of the intellectual property rights on entertainment content worldwide. BREIN takes civil action in the Netherlands against the making available on the internet of files with entertainment content without authorization of these rights holders. In the event that the gravity and extent of the case give cause to it BREIN files a complaint regarding such sites to the relevant authorities for criminal investigation and prosecution.

Through your website http://www.mywebsite.com by ISP Worldstream (NL) with IP 217.xx.xx.xxx you are providing systematic and structural access to content without the authorization of the copyright and neighbouring rights holders. The website is offering links to a choice of popular titles in the area of film, music, games and interactive consumer software that are published by the rights holders represented by BREIN and which have not been licensed for distribution through your system. By operating that system which facilitates, enables and participates in the distribution of infringing files, you are acting unlawful and violate the copyrights and neighbouring rights of others, including the rights holders represented by BREIN. This causes extensive damage to rights holders for which you and others involved with the management of the site are liable. As you are operating in full anonimity, BREIN and its rights holders at present are unable to recover damages from you and your organization.

Your actions also constitute a crime punishable under Dutch law. In the event gravity and extent so warrant, the public prosecution may proceed with criminal investigation and prosecution. In the course of such investigation servers and administration may be confiscated and suspects of a crime may be arrested and taken into custody. The maximum punishment for (aiding and abetting) professional infringement is 4 years imprisonment or 67.000 euro fine for natural persons and 670.000 euro for legal entities. In addition the prosecution usually claims the proceeds of the criminal activity. At the same time injured parties can join the criminal action in order to obtain damages or file civil action to claim those. With respect to these criminal actions BREIN emphasizes that these too are not theoretical. The public prosecution has announced such actions and has commenced carrying them out, in particular in cases where in spite of warning by or on behalf of rights holders the suspects have persisted in the organising of large scale infringement.

In the interest of and on behalf of the rights holders represented by BREIN and in order to avoid civil action and/or criminal prosecution, we request you and your organization to cease and desist immediately the abovementioned unlawful activities and to provide us immediately with the official name and geographical address of the entity or person(s) providing the http://www.mywebsite.com website and tracker services.

mr. B. van Ramshorst
General Counsel
Juridische Zaken Stichting BREIN
tel: 0031 (0)23 799 7870
e-mail: brein@anti-piracy.nl

[1] Participating organizations in the BREIN foundation are amongst others the music authors organization
BumaStemra, the collective rights organization of artists and producers SENA, the Dutch association of producers
and importers of sound and image carriers NVPI, sections Audio, Video and Interactive, the Dutch publishers
association NUV, the Dutch association of film distributors NVF, the international association of American film
producers MPA and the international federation of the phonographic industry IFPI.

Divvy Reviewed by Divvy on 9th May 2011. BREIN sent me an email... Hello friends, Last friday, I received an email from BREIN. And my action was to close my website immediately. 1. I think that was the smartest decision to make, what do you say? I still dont know If I will go to have problems with them... hope not! If was you receiving this email, what will you do? Rating: 5

[TippiE]

BREIN is a dutch organisation so just move out of The Netherlands.

[Divvy]

Thank you for your reply TippiE.
You mean all websites? What host and location do you suggest?

My dedicated servers specs:

AMD64 X2 4850E+
4096 MB DDR2 RAM
2x 500 GB 7.200 RPM
4000 GB Traffic p/m

CentOS 5 64-bit
SLA 1
No additional traffic
cPanel Monthly License

[cotufa-ssdd]

say it wasn?t me...

[bxflow]

this is automated.... you can ignore it... if anything they will send you a second notice... I know people who have ignored this and nothing has happened (over 1 yr)

[Divvy]

bxflow, are you sure? thanks!!!
but I think that is better to change location, just for safe...

[eLight]

Pretty sure WorldStream had a clean out some time back and continue to do so. I came across threads on here relating to WorldStream themselves asking their clients to leave.

Chances are that BREIN may well contact WorldStream given prior cooperation.

[bxflow]

bxflow, are you sure? thanks!!!
but I think that is better to change location, just for safe...

You can change it to be safe, but I had an old site hosted a worldstream and received a letter from BREIN and ignored it. a Year and a few months passed and nothing happened. I closed that site my self after a while due to no time. So im guessing that was an automated letter

[Divvy]

eLight, thank you for your reply.
Hmmm and what do you suggest? Leaving worldstream for good? Or just move that specific website location?

bxflow, thank you for your feedback.

[delboy]

eLight, thank you for your reply.
Hmmm and what do you suggest? Leaving worldstream for good? Or just move that specific website location?

Well, you needed to move atleast the website in question from worldsteam, but as you closed it the issue is essentually closed and null and void, however if your other websites are in the same genre then its better to move them from worldstream anyway...

Ukriane, Russia are both good choices aslong as you do not run a porn website.