.SE acquitted – domain names not to be forfeited by the foundation

The ruling regarding the forfeiture of the domain names thepiratebay.se and piratebay.se was announced on Tuesday. The city court did not uphold the prosecutor’s claim against .SE. However, the two domain names will be forfeited from their domain owner and be transferred to the ownership of the Swedish state.

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“We are pleased that the city court ruled in our favor and agreed with our argument that, in our role as the top-level domain administrator, it is not our responsibility to decide on what is or is not unlawful in specific cases” says Elisabeth Ekstrand, Senior Legal Counsel at .SE.

In its ruling to the domain owner in this case, the city court decided that the right to these two domain names was to be forfeited. The domain names are also to be transferred to the state, something that has never previously been tried.

“.SE will follow the judicial decision once it gains legal force, and over the next few weeks we will determine the actions to be taken in practical terms,” says Elisabeth Ekstrand.

However, .SE believes that the forfeiture of a domain name is an ineffective method for combating online criminal activities. It is very easy to transfer one site to another top-level domain. And even if the domain were to be closed, the content would still be available via the Internet using both the IP number and via search engines.

Published: May 19, 2015