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  • Upphovsrättslobbyn förfalskar bevis i rättegång mot The Pirate Bay

    Published by Al_Kyder on 08-Oct-2009 23:10 (1784 reads)

    Today there was a hearing in The Netherlands, of BREIN vs Svartholm/Neij/Sunde, aka, my friends and I, regarding The Pirate Bay.

    BREIN has been accusing us for breaking dutch law with allowing people in The Netherlands to access TPB.
    They actually won the first case, on a default judgement since we didn’t show. We didn’t show because we didn’t even know about the case until two days before. Similar behaviour has been shown in Italy where we actually lost a court case because we were not aware of it. There is of course also the issue of jurisdiction. We are not living in the Netherlands any of us nor do we have any connection to the country that I am aware of…

    … also, there’s this little thing of us not owning The Pirate Bay.

    However, BREIN does not think that is important.
    Our lawyer put forward an investigation done by a Swedish authority, Kronofogden, stating that the three of us do not own The Pirate Bay since it’s owned by a company called Reservella. The investigation done by Kronofogden was ordered by Ifpi and the MPAA, since they wanted to make sure that they could freeze all of our assets, including TPB. It was a win for us that the authority proved that none of us owns TPB, as we have been trying to state for a while. Hollywood was probably quite pissed at this time as well.

    But BREIN can of course not give up their political campaign against us. So they decided to sue Reservella as well! Not drop the case against us, but add Reservella to the court case. (Just as they already did with the potential buyer of TPB once before. They actually sued a company to make sure it would not break any laws in the future even if they had no intention of doing so. Hey, it’s called a law, it’s not allowed to break. We don’t need a ruling from a court stating that a certain company or person is not allowed to break a law in the future. He/she/it’s by default not allowed to do that.)

    Fine, adding Reservella makes sense, even to me, even though I don’t agree with it being in jurisdiction or even legal.

    Problem right now was that BREIN could not back down from the previous court case – they would have to pay up the legal fees themselves, and they would maybe also have to pay damages if they agreed that we are not the responsible party. The legal fees are already exceeding EUR60,000, and they really want us to have to pay those bills, even though they know we can’t.

    So there was no option for BREIN to remove us from the case. But they needed to add the company as well. How do they solve it?

    Then magic happens: BREIN gets a hold of a credit report from the UK company Experian that proves that Reservella is connected to Fredrik!

    They send it to the court and our legal counsil gets a copy. I receive it as well and can’t believe my eyes; FREDRIK IS THE CEO AND DIRECTOR OF RESERVELLA! This was news to all of us, and we didn’t know what to say.
    Most of us that know Fredrik, in all fairness, understands that he is not the most organized person. None of us really are. We have been charged with doing organizing crime, but it should have been noted as disorganized crime. At least that way, one of the two words would actually fit us. This means, we were quite sure he did not have an offshore company setup and do all of this. And if he did, at least he would be smart enough to not be a director in it.

    I’ve uploaded the evidence from BREIN to this blog post. Please analyze it. I have done so and we presented the analysis in court.

    Reservella – Experian Report

    I will go through the report, almost in chronoligcal order, don’t worry.

    1) Name of the company: “RESERVELLA“.
    It does not note the type of company it is. Most countries require that a company name contains a term in the beginning or end of the name that denotes what type of entity it is. That is, Ltd, AB, GmbH or similar. It is strange that it does not show up in the report. But, more on the name later!

    2) Registered legal address: “Suite 13, 1 Fl, etc”
    More on this later, please remember this.

    3) License number: “32549”
    This is the unique ID for a company in the Seychelles. This is a term you can search for to get information, such as the legal name, of a company.

    4) Date of Registration: “28 June, 2004”
    This is the date the company was founded.

    5) (skip a bit in the document, I’m trying to make a good detective story here)

    then comes the really interesting part:

    5) Management: “Fredrik Neij, CEO“.
    Woooot! It also shows up later in the document, under “Company Management” and again in the end under “Company Directors“. It clearly states, that Fredrik Neij is not only the CEO of Reservella, but also the Director. It also shows that Fredrik is a citizen of Seychelles! So much information about my friend, that none of us had any idea about!

    Turns out, it’s so much secret information that not even Hans Fredrik Lennart Neij knew about it! Oh yes, that long name is Fredriks real legal name. A name that shows up in any database that you would find his name. His passport, his bank card, all of his documents contain that full long name. On everything essentially…

    … besides one particular place.

    If you’re running a smart operating system, please open up a terminal and do the following:


    You’ll see this interesting information (I cut out the juicy parts only, but please verify by your own whois):

    Created On:28-Jun-2004 16:08:27 UTC
    Registrant Name:Fredrik Neij
    Registrant Organization:Reservella

    Now, what does this data tell us?

    Let’s compare notes.
    1) Fredriks real name is not just “Fredrik Neij”. But on the domain name “” it is. Nowhere else, oh besides this credit report.
    2) The name “Reservella” turns up in the whois since they own the domain. We know that Reservella is actually “Reservella Limited” as a legal name. But on the whois, this entity type is left out.

    Now, honestly. Fredrik does normally only use “Fredrik Neij”. And none of us say “Nokia Oy”, we only say Nokia. So sure, it could have just been left out on a manual credit check?

    But how come;

    3) Creation date of the domain matches the exact registration date of Reservella?

    Is it just a weird cosmic co-incidence? I believe in facts, so I started checking out some facts.

    After some minutes with Google I found out that you could order information about companies on the seychelles quite easily for some cash. We did two searches; one for company registration 32549 as stated in the report, and one for all companies named Reservella.

    Turns out that none of the data in the report actually matched, anything. The company under registration 32549 was named Elara Ltd. And they closed down in 2007, so there is probably noone that picks up the phone if you call them! It also turns out that “Reservella” was “Reservella Limited“. None of the two companies was at the stated address. None of them had the stated agent. None of them had the stated creation date. And you know what? After a little bit of more googling I learned something new!

    Turns out that Seychelles does not even keep a register of Directors or CEOs….

    So the only place where this data could come from? Must be that company Mossack Fonseca & co. But fear not. I have magic e-mail skills as well. Here’s the answer I got from them;

    “Reference is made to your mail below and we would like to inform you that this name does not appear on our database and under no circumstances do we divulged information on our clients nor directors of a company to any third parties unless it is a court case and under the Seychelles law, we give the information to the authorities concerned only.

    We would like if there is any possibility of knowing why our name, address and contact appears on that company when we do not have anything to do with it.”

    Even more interesting, after speaking with this company who seemed quite upset with having their name associated with a #lie, they sent a fax stating the same, and even more. They included one special quote;

    “Furthermore, we have not had any contact with Experian.”

    So, turns out the source of it all is someone at Experian!

    We started looking for more information about this big UK company.

    On their other credit reports we found out there on the interwebs, all of them had a footer similar to “Report created on Fri, 10 Jun 2005 at 11:07:59 Dept.: 00 Invoice Ref.:INT839118 Copyright © 2005 Experian Ltd“.

    On the one we received the footer was just “Copyright © 2009 Experian Ltd“. No other data. No invoice reference. No creation date. The missing data was not something one would actually remove from a credit report, now is it? There is actually no date of when the credit report was made at all in the document!

    I didn’t include all the data in the report before now. It’s not for the suspense, I think you already know what this blog post is going to prove. But it’s just a little de-tour, call it “just for the lulz” and for the nail in the coffin for this report.
    Notice how it says “Commercial Credit Inquiries“? And that there was a previous credit report done on Reservella (or Elara, or whomever the report is refering to)? The date is “30 Jul, 2009“. What happened that day? Oh yes, GGF X AB announced that they wanted to buy The Pirate Bay!
    But sure, there is a chance that someone actually searched for a credit report in the Seychelles for Reservella that day, since the deal was actually revealed and Reservella was known to the world to exist…
    … or was it? Because the name of the selling company was not really revealed before the next day, and even if it leaked out, the time difference to the seychelles would have made it impossible to get any data from the registry at that hour…

    Now back to the main track;

    Being good at google is a great skill. Being good at e-mailing and even receiving faxes is quite a cool skill as well. Skill that BREIN might not understand that we have. We have yet another skill they might be chocked of us having, using phones!

    I got in touch with Experian. The information I got from them was simply that they couldn’t find a copy of the credit report themselves. After a lot of going back and forth they started an investigation into the authenticity of the credit report. They have not given me final report on it, but they have been very clear in stating that they have not confirmed the report. They have a big corporation so it might take some more time, but it’s being worked on.

    And the question is, why would Experian make a false credit report? A company that does one thing for a living, with hundred of employees all over the world, give out trustworthy credit reports. They would of course not risk it to help a small antipiracy agency out in their high profile political game! And as you all can clearly see from the overwhelming evidence, the credit report is fake. Backed up by evidence from the lawyers of Mossack Fonseca & Co. Backed up by the government of Seychelles, times two – First by their company registry. And I actually called and asked if Fredrik was a citizen of their country. The answer was, as expected, Neij. He’s not.

    It’s also clear that the government does not keep the data of the CEO nor the directors of companies.
    It is clear that the previous inquiry is bullshit, at least on that date.
    It is clear that the date of registration is taken from the whois of
    It is clear that Fredriks name is taken from the same whois;
    … and it’s clear that Reservellas name is taken from there (or from the air, it doesn’t really matter).

    It is very clear to me what has happened. My well educated, well established, well founded hunch is that BREIN realized that they were going to lose hard and in order to win, they themselves had to create false evidence and hand that over to the court!

    When I have the final Ok from my super lawyer, I will hand out the rest of the papers I am referring to as well (fax, Seychelles government printouts etc). As long as it’s fine with the judges so it doesn’t ruin our case. And I’m hoping that the judge sees this the same way we do, this is yet another #spectrial farse!

    I am right now filing criminal charges against both Tim Kuik personally as well as BREIN to the dutch police. I consider what they have done as criminal. Much more severe than any “aiding with potential copyright infringement” could ever be.

    The charges will be forgery (the document is stated to come from a third party and used as evidence in a court of law) and fraud (by gaining from this, both monetarily as well as politically). Both of these things must be considered as serious crimes as this has been done both for monetary reasons (over 60.000 EUR at stake here!) as well as being brought forward in a court of law.

    Maybe then we can finally have the real criminals shut down and put in jail!


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