Although BREIN has no desire to shut the site down, they feel it isn't doing enough to protect the rights of copyright holders. BREIN saw it fit that Mininova introduce a filter for infringing keywords as well as digital fingerprints. The court agreed with this assessment, and concluded that Mininova's takedown policy, which allows copyright holders to remove infringing torrents, is not adequate.
The court disagreed with Mininova's defense that it is impossible to moderate all torrents trafficked on the site. According to the court, Mininova is encouraging users to download copyrighted material, and it profits from the illegal content via ads. Mininova is currently considering an appeal, which would have to be filed within three months.