Dear Sir, Madam,We hereby contact you with regard to the distribution of the illegal application ‘Torrents Time’ and ask your immediate attention for the requests set out below. We first explain the background of the BREIN foundation and subsequently explain why and on the basis of which grounds we hereby contact you and request your immediate cooperation.The BREIN foundation is established in The Netherlands and acts against piracy of entertainment content (music, film, e-books computer games and other interactive software) on behalf and for the benefit of rights holders and interested parties such as authors, performing artists, publishers, producers and distributors [1]. Together the rights holders participating in BREIN 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 via the internet of files with entertainment content without authorization of these rights holders. In the event that thegravity and extent of the case give cause to it, BREIN files a complaint regarding such sites and servers with the relevant authorities for criminal investigation and prosecution.Through your website Torrents Time (https://torrents-time.com/) you are distributing the illegal application ’Torrents Time' that structurally and systematically facilitates, enables and participates in the making available of infringing content without the authorization of the respective copyright and neighbouring rights holders. ’Torrents Time’ is enabling the illegal distribution of popular titles of films and of TV-Series that are published by the rights holders represented by BREIN and which have not been licensed for distribution through your system.Your website is hosted on servers located in the Netherlands, and accessible for and i.a. directed to the public in The Netherlands. Therefore the law of The Netherlands is applicable and BREIN is involved in this matter. By offering Torrents Time, which is primarily engaged in the facilitating, enabling and participating in the making available of infringing files, according to the law and jurisprudence of The Netherlands you are acting unlawful and infringe the copyrights and neighbouring rights of others, including therights holders whose interests are represented by BREIN. This causes extensive damage to rights holders for which you - and all others involved with the management of the site - are liable. In the interest of and on behalf of the rights holders represented by BREIN, we request that you cease and desist the distribution of Torrents Time immediately.We also request you to immediately provide us with the geographical address of yourself and the entity or other person(s) who are responsible for the distribution of Torrents Time. The reason is straightforward and simple: (i) you are engaged in an unlawful activity that you must cease and desist, (ii) we must be able to hold you liable in case you continue your unlawful activities.If you do not comply in full with our demands set out in the above, we will contact your Hosting Internet Service Provider and request again for the immediate removal of the website from the Internet and for your name and address details. Under the law of TheNetherlands your provider is obliged to comply with these demands. We will of course hold you liable for all (further) incurred costs including legal fees. These costs can be substantial. Given the circumstances at hand, the courts of The Netherlands have jurisdiction over this matter.We are confident though that this matter can be settled with you directly and look forward to hearing from you in time. Please feel free to contact us, should you have any further questions after reading this email.Thank you in advance for your cooperation.Sincerely,Pieter Haringsma[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.
Pieter HaringsmaLegal AfairsSchng BREINSiriusdree 22-282132WT Hooddorpe: pieter.haringsma@an-piracy.nl
