anotrv BumEs was Amwmn June 2,2016 VIA Ellzabelh Flnberg General Counsel Publlc 1nterest Re vwm' theplratebay org Dear Ms Fmberg It has come It) our attentlon that the notonous 5116 The Plrate Bay, has returned to \thv [heplmtebav ora As you knotv the operators ofThe Prrate Bay were found hable Sweden on Apnl 17, 2009 for occumng vra lh|s servree and that declslon was upheld by the Svea appeals court on November 20, 2010, and by the European Court of Human on February 29 2013 1n addruon several eourts Europe and 1n other have found the servree hable for and lssued orders to mtermedranes Io have The Plrale Bay blocked therr borders These orders melude wllhoul lunrtauon the followlng Italy Supreme Court, 29 September 2009, 49437109 Denmark, Supreme Court, 27 May 2010, 153/2009 Malaysra,Cnmma1 Court, 16 June 2011 Belgrum Court of Appeal Antwerp, 26 September 20113399 11nrted Court London, 13 June 2012 1-1C1 leand, Court oprpeal 15 June 2012, 1087 Ireland, Court Dubhn 12 June 2013, 225 COM Germany, Landgeneht l-lamburg, 6 May 2010 310 0 154/10 mm respect to the 11 please remember that the nature ofThe Plrate Bay has been noted eaeh ofthe Notonous Market Reports lssued by the USTR for the past several years Per the Google transparency report over 400000 have been identified on www.thepiratebay.org, with over 50,000 since The Pirate Bay moved back to its .org domain. This is in addition to the over 3,000,000 infringements identified on its previous alter ego, www.thepiratebay.se. It is well known that The Pirate Bay does not take action in response to notices. In addition, there have been numerous reports recently of malware and other abuse occurring via The Pirate Bay at its various domains.1 It seems to us that the clearly criminal, infringing, and abusive nature of The Pirate Bay is inconsistent with .org’s stated intent for the .org domain to “communicate trust, credibility and community interest,” and PIR’s commitment to “do the right thing, even when it is unpopular.” When, as in this case, there is overwhelming evidence of infringing and abusive activity on a domain, along with court orders from several jurisdictions with well-developed copyright jurisprudence, it cannot be the “right thing” or “in the community interest” to hold out for those decisions to be processed before the U.S. courts before taking action. In addition, we note that the activities at this domain violate .org’s Anti-Abuse policy, which prohibits use of the domain for illegal or fraudulent activity. Finally, we note that .org has reserved for itself the right to suspend or terminate a domain engaged in illegal or fraudulent activity. In light of this, where there is undisputed evidence of wrongdoing and PIR has the means to take action within its terms of service, we ask PIR to reconsider whether it wants its services to continue to be criminally exploited by The Pirate Bay. If you need more information about the illegal, fraudulent or abusive behavior occurring via thepiratebay.org or have any questions, please don’t hesitate to contact us. Regards, THE RECORDING INDUSTRY ASSOCIATION OF AMERICA By: Bradley Buckles Executive Vice President, Anti-Piracy 1 See, e.g., https://blog.malwarebytes.org/threat-analysis/exploits-threatanalysis/2016/04/malvertising-on-the-pirate-bay-drops-ransomware/; http://en.yibada.com/articles/122786/20160511/the-pirate-bay.htm; http://www.ibtimes.com/torrent-sites-pirate-bay-expose-12-million-computers-malware-everymonth-study-2218672