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Content industry finds its case in dire straits

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:

  • Completely dropping a sentence that read, “All components are necessary for users of the service are able to share files with one another.”
  • Changing “upload” to “upload and store” in the sentence “provide the ability to others to upload torrent files to the service.”

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.



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By meepstone on 2/25/2009 8:11:18 AM , Rating: 5
my question is: is he going to get fined for downloading an illegal copy of the album?


By meepstone on 2/25/2009 8:14:04 AM , Rating: 2
I should of put this in my above comment.

Does anyone find it odd that the prosecution had someone do something illegal to prove that the defendants are doing something illegal???


By Penti on 2/25/2009 5:11:40 PM , Rating: 2
It's illegal for MPA, IFPI and the Anti piracy agency to just encourage someone to download for collecting evidence. Do odd thing is the whole IPRED law here is based on this arbitrariness. That they should be able to break the law without have a legal basis to do so. Without being prosecuted even tho they have no freedom from liability.


By phxfreddy on 2/25/2009 8:14:10 AM , Rating: 2
No. They are going to send Boy Jorge to his house to give him a B.Jorge Job ... since its obviously a totally gay album.


By Aloonatic on 2/25/2009 8:24:09 AM , Rating: 2
The guy's clearly mentally ill if the first album he thought of illegally downloading was a Robbie William's album. Then again, you'd be mad to pay money for it too. The poor guy.

It is quite a funny/interesting choice of artists however. Robbie famously got a massive payout from EMI (I think it was) along the lines of £40M up front and then another £40M if his albums sell well.

funnily enough Robbie went to LA and has not been seen doing much more than popping in and out of rehab, investigating UFO sightings and releasing the odd rather poor record in order ot keep the EMI millions rolling in.

Of course, EMI's balance sheet might be showing something of a loss but that's all because of the pirates, not stupid decisions like this one or greedy pop "stars", oh no.


By SavagePotato on 2/25/2009 3:27:53 PM , Rating: 2
That would be more valid actually than faulting pirate bay.

It would almost be akin to putting smith and wesson on trial and saying I went out and bought a gun, loaded it with bullets and shot the clerk in the face without any trouble at all.


"So, I think the same thing of the music industry. They can't say that they're losing money, you know what I'm saying. They just probably don't have the same surplus that they had." -- Wu-Tang Clan founder RZA

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