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Print 99 comment(s) - last by badgood.. on Apr 30 at 1:10 PM

Pirate Bay admins' lawyer demands a retrial

Last week, the trial of four admins from The Pirate Bay, the world's largest torrent site, concluded.  The result was a stunning defeat for the pirates, with a guilty verdict and a sentence of over $3M USD in damages (to be paid to Warner Bros., Sony Music Entertainment, EMI and Columbia Pictures) and a year in jail.

Now new revelations have surfaced.  It turns out the judge presiding over the trial, Judge Tomas Norstrom, was a member of two Swedish copyright protection groups.  He confirmed his affiliation this week, which first surfaced in Swedish Radio reports.

The affiliation represents a relatively clear conflict of interest, given that the prosecution lawyers consisted of three lawyers of similar affiliations.  Peter Althin, who represented Pirate Bay spokesman Peter Sunde in the case, is demanding a retrial.  He states, "This is completely new to me. It is reasonable that we should have known about this before.  It is a clear case of bias."

After successful actions against Kazaa and Grokster, two popular P2P clients, copyright lawyers are eager to trying to take down The Pirate Bay, which boasts over 22 million users.  And it appears they had a fully loaded deck to do it with the trial of the administrators, as they had control of the Judge and the prosecution.

All four defendants will appeal the guilty verdict Friday.  It is likely that all of them will request a retrial as part of that appeal.

Judge Nordstrom, meanwhile, defends his record, claiming he was completely unbiased.  He admits he is a member of The Swedish Association for Copyright and Swedish Association for the Protection of Industrial Property.  He also admits he worked with Monica Wadsted, who represented the American movie industry in the trial, in resolving internet domain name disputes.  Despite these close ties, though he insists the trial was clean.  He states, "I don't think there are any circumstances that have made me biased in this case."

Meanwhile, Pirate Bay ringleader Peter "brokep" Sunde was quick to poke fun at the judge's affiliation, calling it "quite remarkable".  He sums up the trial, in comments to the AP, in one word -- a "farce".



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RE: File sharing sites will be filtered out.
By ClownPuncher on 4/24/2009 5:48:54 PM , Rating: 2
If taking something that is sold for money and not paying for it isn't stealing, you're right, I don't know what it means. If you're backing up software or making a backup copy of a CD or a movie, then thats not stealing. But once you start distributing it, or start downloading it from someone else, you are stealing.


By ClownPuncher on 4/24/2009 6:04:52 PM , Rating: 2
But I don't consider Pirate Bay criminal, they provide a service where other people can do illegal file sharing. Saying that is illegal is like taking Blizzard to court because people playing WoW were conspiring to commit a crime.


RE: File sharing sites will be filtered out.
By mindless1 on 4/24/2009 6:51:04 PM , Rating: 1
Ah, but it is not "taking something that is sold for money".

It is "copying something where the original is being offered for money, where the original is still available for purchase".


RE: File sharing sites will be filtered out.
By ClownPuncher on 4/24/2009 7:35:21 PM , Rating: 2
Well then I am glad, it means my 3dsmax copy won't land me jail time or fines :)


RE: File sharing sites will be filtered out.
By DM0407 on 4/24/2009 8:32:20 PM , Rating: 2
Worms!

"Taking without paying"

Like when you saw that movie at your friends house. Did you pay admission that was then passed on to the creators?

You should have to pay royalties on those memories.

Lets be clear: Even the loudest supporters of TPB understand that effects of piratism (new word!). We all understand that the Creative developers deserve to be paid for their hard work. We need a fundamental change in the way software, music and movies are made.

In the mean time I will not give my money to the circle jerking execs who have inflated their companies to the point where they can not survive without inflated prices. I only have so much disposable income, I will spend it where I feel it is deserved.


By badgood on 4/30/2009 1:10:38 PM , Rating: 2
should add piratism (new word!) to wikipedia. j/k


By foolsgambit11 on 4/25/2009 7:59:56 PM , Rating: 2
Oh, it could get you a hefty fine for 'copyright infringement'. That's the crime/civil infraction you mistook for stealing. I think the value of the pirated material determines whether it's a civil or criminal violation - although it might have something to do with distribution. I'm not sure off the top of my head. But yeah, for the reason stated above, it's not theft - theft requires that you deprive the rightful owner of the use or possession of their property, rather than only depriving them of royalties resulting from that property. Perhaps it's a subtle difference, but it is important.


RE: File sharing sites will be filtered out.
By ThePooBurner on 4/28/2009 1:12:46 PM , Rating: 2
quote:
But once you start distributing it, or start downloading it from someone else , you are stealing.

The bolded part is where you are not correct. If i own a legal copy, and have rights to have a backup of said copy, where i obtain that legal backup copy is of no consequence. Someone else just provided the service of making the back up for me. If i own a CD, but i'm to lazy to rip it myself, i consider myself 100% in the clear to download as many copies of it off the net as i care to. It's not different than ripping myself and hitting copy and paste 100 times in various backup archive folders etc.. The act of downloading should not be automatically equated with stealing or illegality.


By ClownPuncher on 4/28/2009 7:59:18 PM , Rating: 2
That is assuming you own a legal copy. The point is, very few people downloading software, music, and movies own an actual copy. I would hazard a guess that the majority of torrents are of the not so legal nature.

As for copyright infringement, yes I know exactly what it is, I work in the industry.

I still equate copyright infringement to stealing, "I'm not stealing, I'm just taking something that doesn't belong to me!"


"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser














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