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Originally Posted by Ninjalawyer
So, is linking to infringing material illegal in the U.K.? Since The Pirate Bay doesn't actually host any illegal files, I'm not sure what it is they're doing that's wrong legally unless linking to pirated material is itself illegal. And if that's the case, this seems a bit unsettling.
It's even more unsettling though that an ISP in the UK can apparently be ordered to censor pages if the operator of the page has done something wrong, even where the authorities in the U.K. haven't taken action against the page operator. I'm not a fan of The Pirate Bay, but this seems a little draconian.
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The UK court shared the view of the Swedish courts who convicted the operators of the site of "aiding" copyright infringement, even though they don't host any infringing material themselves. The entire raison d'être of TPB is to assist others to infringe copyright, while earning the operators large amounts of money in the process.