Preliminary measure regarding sites listing Bittorrent files 
 
LeaseWeb gives great importance to the freedom of expression and privacy of its clients and 
subscribers. In order to protect these rights LeaseWeb has developed proper proceedings 
that will be conducted in case of any complaints or requests about alleged unlawful 
information or behaviour on the internet provided or carried out by a LeaseWeb client. 
LeaseWeb will always exercise the utmost care in these instances in order to ensure there 
will be no rash breaches of privacy rights or fundamental freedoms. LeaseWeb reserves at all 
times the right not to proceed to take down sites or give away any personal information. 
Furthermore LeaseWeb will always hear both sides of the argument. 
 
However, due to the present state of Dutch case law, LeaseWeb has recently found itself 
confronted with a legal obligation to provide personal data of its clients and to take down 
websites, containing allegedly (indirect) intellectual property rights infringements (or at least 
sites that make this possible in some way).  
 
As you may know on June 20th 2007 LeaseWeb was ordered by the Amsterdam District Court 
to provide personal data of a client, who maintained a site that listed bittorrent files, and take 
down the site. In this case LeaseWeb argued (in short) among other things that the content 
on the site was not manifestly unlawful since no copyrighted works could (directly) be 
downloaded and uploaded from or to the site. Therefore there was no obligation for 
LeaseWeb to comply with what was claimed. ISP’s should not be required to thoroughly 
evaluate the legality of third party content. Only if third party content is manifestly unlawful, an 
ISP should be required to take appropriate action when the ISP has been notified of such 
content. 
 
This case is the most recent one in the ongoing struggle between ISPs and the Dutch anti- 
piracy organization ‘Stichting Brein’, which represents intellectual property rights holders of 
the entertainment industry in the Netherlands. Obviously at the present state of legal affairs 
an ISP finds itself in a very difficult position: on the one hand the ISP has the responsibility to 
protect the rights of its clients and the right of freedom of expression in general and on the 
other hand is held liable for intellectual property rights infringements by intellectual property 
rights holders. LeaseWeb has filed an appeal and will keep fighting for its client’s privacy and 
right of freedom of expression up to the highest court.  
 
Pending the final legal decision, however, LeaseWeb regrettably has no choice but to obey 
the court order and take down sites that list bittorrent files. 
 
As a preliminary measure we require you to remove all bittorrent related material (tracker, 
files, etc) before 01/12/2008. If you do not wish to extend your server(s) we will cancel them 
per 01/12/2008.  
 
Please contact us for questions on security@leaseweb.com or +31 20 3162880. 
 
 
Regards, 
LeaseWeb BV 
About ‘Stichting Brein’ 
 
‘Stichting Brein’ states on its website that it is the central contact for government, law 
enforcement, trade and media in the Netherlands with respect to all issues concerning the 
unauthorised copying and distribution of entertainment products both offline and online. 
We suggest that for any complaints or questions about (the background of) this issue please 
feel free to contact ‘Stichting Brein’ at any time.  
 
P.O. Box 133  
2130 AC Hoofddorp 
The Netherlands 
Phone: +31 909 7472837 
Fax: +31 23 7997720 
www.anti-piracy.nl  
www.brein.info 
www.stichtingbrein.org