In an attempt to refine its criminal case against The Pirate Bay, prosecutors once again altered the charges placed against Pirate Bay figureheads Fredrik Neij, Gottfrid Svartholm, Peter Sunde, and Carl Lundström.
Swedish newspaper The Local reports that the prosecution made two adjustments:
In an interview with Wired, Stockholm University legal scholar Daniel Westman said the ‘all components’ line likely placed extra difficulty in proving the prosecution’s claims, as it may feel “uncertain” it can show that “all components” of the site – its search engine, its tracker, and its torrent database – are necessary to commit infringement.
“The question is whether the defendants fulfill the requirements in the penal code for complicity in a crime,” said Westman. “One could maybe argue that the degree of complicity were higher if all three components could be proven, but the court may as well decide that only one or two is enough.”
Tuesday also saw the first round of testimony from the plaintiffs, with International Federation of Phonographic Industries lawyer Magnus Mårtensson taking the stand.
Mårtensson testified that he successfully searched for, downloaded, and listened to a copy of the album “Intensive Care” by British pop rock star Robbie Williams. He then presented screenshots documenting the download process.
In the defense’s cross-examination, however, Mårtensson later admitted that part of his testimony was based on assumptions, on account of his lack of expertise in file-sharing; when asked whether his was sure his BitTorrent client used The Pirate Bay’s tracker, he replied, “I just assumed it.”
Defense attorney Per E. Samuelson pressed further, asking Mårtensson to confirm exactly what his BitTorrent client was doing. “I can’t answer that,” replied Mårtensson.
When asked whether he knew he could also download .torrent files on Google, Mårtensson’s answer was the same.
“I’ve never done it using Google. I can’t answer that,” he said.
Immediately following Mårtensson’s testimony came a similar, though far more solid, briefing from ex-police officer Anders Nilsson, who now works to the anti-piracy group Antipiratbyrån.
The media industry appears to find itself on increasingly shaky ground – an authors community on Facebook, asked for a few choice quips for prosecution to use in its closing arguments, recently observed that “the whole situation is dominated by the pirates.”
Humorously, the author who posted that comment – Carina Rydberg – had previously and begrudgingly praised The Pirate Bay, in the same Facebook group, for helping her track down books and movies that she could not find otherwise.
“The Pirate Bay is an invaluable source for content that publishers, record labels and movie studios for some reason can't or won't offer,” she wrote. “If someone on The Pirate Bay chose to download the book I wrote in 1989 I would have no objection to that. That novel is practically impossible to get hold of and as an author I want to be read.”
The hybrid civil/criminal trial against The Pirate Bay kicked off last week to a packed courtroom, and is expected to conclude by the end of the week.
quote: This would be the equivalent of (Given my example) Disney releasing a blockbuster movie in the theatres, but never putting it out on DVD.
quote: You may not like guns...however you can not punish the gun manufacturers when someone in the hood robs a liquor store.
quote: If you start down this road you might as well check into the Grey Rock Hilton right now and not bother to wait because we are all criminals by the time the lawyers who are constant gaming for an edge against us normal folk are done.
quote: If you go with your definition that TPB is 'merely' the user upload site
quote: They are trying to prove that TPB is hosting or encouraging the spread of copyright materials.
quote: Who's side are you on?!
quote: I was stating the differences between the two search engines, Google is a crawler, TPB is not. Google adheres to take down notices, TPB does not.
quote: Google does not fall under this category as they do not provide the ability to upload torrent files
quote: and the lack of adhering to take down notices tells me that they think this is acceptable. This is what I have a problem with.
quote: Google is a global corporation, and legally HAS to adhere to take down notices.
quote: So, your only problem is with the fact that TPB is only obeying Swedish law, and thus should be punished for it.
quote: TPB does not provide any more ability to upload torrent files than Google does. That ability is provided by the bittorrent client, and to my knowledge TPB does not provide their own bittorrent client.
quote: Torrent sites are public domain for any content and non discriminatory just as any kind of search engine. People can put legal and illegal stuff on there, and there is plenty of both.
quote: Your blaming the pen instead of the penman with the torrent sites.
quote: IMO the above comments are akin to someone saying we shouldn't charge a getaway driver with the crime because they didn't actually go into the bank to get the money, they just sat outside and helped the real criminal(s) escape.
quote: Do any of you seriously think TPB was created to distribute legal works? Their name states quite clearly that the creators knew what their service was for.
quote: Personally, I think that there is much blame on both sides of the fight (with corporations and TPB).
quote: I swear omnicronx works for the MPAA.
quote: Just look at how he defends them and how he's all for them taking our freedoms away.
quote: And your point is? In the rest of the EU this is illegal, and come April 1st in Sweden, it will probably be illegal too.(this is the date that Sweden is expected to implement the EU enforcement of intellectual property rights).